| CITATION: | Bradlyn Nominees Pty Ltd v Saikovski [2012] QCATA 39 |
| PARTIES: | Bradlyn Nominees Pty Ltd ABN 68099241282 (Applicant) |
| v | |
| Leo Alexander Saikovski (Respondent) |
APPLICATION NUMBER: APL315-10
| MATTER TYPE: | Appeals |
HEARING DATE: On the papers
HEARD AT: Brisbane
| DECISION OF: | Justice Alan Wilson, President Michelle Howard, Member |
DELIVERED ON: 23 February 2012
DELIVERED AT: Brisbane
ORDERS MADE: 1. Leave to appeal is refused.
| CATCHWORDS: | APPEAL – LEAVE TO APPEAL – MIXED QUESTIONS OF FACT AND LAW – COMMERCIAL BUILDING DISPUTE – CONTRACT LAW – CONTRACT INTERPRETATION – PAYMENT OF INVOICES – where the Respondent had brought a claim against the Applicant company for unpaid invoices – where the Tribunal had made orders for the payment by the Applicant company of the amount of $28,480.32 to the Respondent for unpaid invoices – whether the Tribunal erred in its findings of fact – whether the Tribunal erred in its interpretation of the contract – whether the Tribunal erred in its findings on credit – whether the counter-claim is substantial and warrants a rehearing Queensland Civil and Administrative Tribunal Act2009, ss 3, 4, 28, 32, 142 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 |
APPEARANCES and REPRESENTATION (if any):
The matter was heard and determined on the papers in the absence of the parties, pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (‘QCAT Act’).
REASONS FOR DECISION
Justice Alan Wilson, President
I have had the advantage of reading Ms Howard’s Reasons in draft. I agree with those Reasons and her conclusions, and the order she proposes.
Ms Howard, Member
Mr Saikovski made a claim against Bradlyn Nominees Pty Ltd, arising out of a contract between them, dated 22 August 2007. Under the contract, Mr Saikovski built four townhouses for Bradlyn Nominees. The claim was for $28,480.32 for unpaid invoices from February to April 2009. Bradlyn Nominees counter-claimed $278,093.31, or in the alternative, $1,036,696.70.
There was a two day hearing on 15 and 16 September, 2011. On the first day of the hearing the Tribunal determined, as a preliminary issue, that the contract between the parties was a costs plus contract. The presiding Member gave oral reasons for that decision.[1] That oral decision has not been appealed.
[1] Transcript 15/9/201, pp 24-26.
After the hearing, the Tribunal made orders that Bradlyn Nominees pay the amount of $28,480.32 to Mr Saikovski, and dismissed the counter-claim. It gave that decision, and its written reasons for that decision, on 19 October 2011.
Bradlyn Nominees has filed an application seeking leave to appeal or appeal the decision of 19 October 2011. Both parties were…
Keep reading for free
Create a free CaseChat account to read Bradlyn Nominees Pty Ltd v Saikovski and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2012] QCATA 39
- Decision Date
CaseChat Overview and Summary
The legal issues in this case included the interpretation of the contract between the parties, the applicability of credit terms, and the correctness of the Tribunal's findings of fact. The applicant argued that the Tribunal had misinterpreted the contract and had failed to take into account certain credit terms. The respondent argued that the Tribunal's interpretation of the contract was correct and that the applicant had failed to provide sufficient evidence to support its claims.
The court found that the Tribunal had erred in its interpretation of the contract and in its findings on credit. The court held that the Tribunal had failed to take into account certain credit terms that were agreed upon by the parties. The court also found that the Tribunal had erred in its findings of fact, as it had not considered all of the evidence before it. The court held that the appeal should be allowed and that the matter should be remitted to the Tribunal for rehearing. The court also held that the respondent's counter-claim was not substantial and did not warrant a rehearing.
The court made orders for the appeal to be allowed, for the decision of the Tribunal to be set aside, and for the matter to be remitted to the Tribunal for rehearing. The court also made orders for the parties to bear their own costs of the appeal.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.