Brian Johnston Plan Design Pty Ltd v Strategic Developments Logan Pty Ltd

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Brian Johnston Plan Design Pty Ltd  v Strategic Developments Logan Pty Ltd [2021] QCAT 342

PARTIES:

BRIAN JOHNSTON PLAN DESIGN PTY LTD

(applicant)

V

STRATEGIC DEVELOPMENTS LOGAN PTY LTD

(respondent)

APPLICATION NO/S:

MCD/Q00516-20

MATTER TYPE:

Other minor civil dispute matters

DELIVERED ON:

5 October 2021

HEARING DATE:

15 July 2021

HEARD AT:

Brisbane

DECISION OF:

Adjudicator Lember

ORDERS:

By 28 October 2021 the respondent is to pay the applicant the sum of $7,896.05 comprising:

(a)    $6,995.00 debt;

(b)   $751.85 interest;

(c)    $26.00 ASIC search fee; and  

(d)   $123.20 filing fees.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor civil dispute –   counter claim for debt or liquidated demand of money – where contract for supply of professional services

Competition and Consumer Act 2010 (Cth), schedule 2,
s 60, s 61, s 62, s 267(4)

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 102, schedule 3

Australian Woollen Mills Pty Ltd v Commonwealth (1955) 93 CLR 546

Cordon Investments Pty Ltd v Lesdor Properties Pty Ltd [2012] NSWCA 184
Cox v J & M Phelan trading as Carrara Carmart [2020] QCAT 190

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented

Respondent:

Self-represented

REASONS FOR DECISION

1. By an application for minor civil dispute – minor debt filed 6 May 2020 the applicant, represented by its director, Mr Johnston, sought orders that the respondent, represented by its director, Mr Thomson, pay the sum of $8,173.00 for unpaid invoices for planning work the applicant performed for the respondent, plus interest on the outstanding amount at 15% per annum, the filing fee of $123.20 and the ASIC fee of $26.00, for a total claim of $9,548.15. 

2. On 2 June 2020 the respondent filed a response seeking that the application be dismissed on the grounds that the work undertaken by the applicant was not in accordance with the quote provided by the applicant and accepted by the respondent.

3. A hearing took place on 15 July 2021 however, each party sought to file additional material, and, by consent, the matter was adjourned for a decision on the papers after 2 August 2021.  That decision and the reasons for it now follow.

Jurisdiction

1. The Tribunal has jurisdiction to hear minor civil disputes.   

2. Schedule 3 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (“QCAT Act”) describes a minor civil dispute, amongst other things, as “a claim to recover a debt or liquidated demand of money of up to the prescribed amount”. Under schedule 3, the prescribed amount is currently $25,000.00.

3. I am satisfied that the applicant’s claim is a matter over which the Tribunal has jurisdiction.

Background

1. The respondent intended to develop its property into townhouses and engaged the applicant to provide building design services for the project. 

2. The applicant says the respondent originally planned to construct twenty-three townhouses, but their design variations were able to achieve twenty-eight townhouses on the site.  Ultimately, however, the respondent did not proceed with a townhouse development and opted…