| CITATION: | Brown and Anor v Noosa Constructions Pty Ltd [2012] QCATA 194 |
| PARTIES: | Deborah Brown Christopher Brown (Appellants) |
| v | |
| Noosa Constructions Pty Ltd (Respondent) |
| APPLICATION NUMBER: | APL035–12 |
| MATTER TYPE: | Appeals |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Justice Alan Wilson, President Aaron Suthers, Member |
| DELIVERED ON: | 9 October 2012 |
DELIVERED AT: ORDERS MADE: | Brisbane 1. The appeal is allowed, but only to the following extent: a. The Order of the Tribunal dated 3 February 2012 numbered 1 is amended by reducing the amount to be distributed to Noosa Constructions Pty Ltd by the sum of $957.00, and increasing the amount to be distributed to Deborah Brown and Christopher Brown by the sum of $957.00; b. In the event that the funds referred to in that Order have been distributed to the parties by the Queensland Master Builders Association, then Noosa Constructions shall pay to Deborah Brown and Christopher Brown the sum of $957.00 within 21 days of this Order. 2. The application by Deborah Brown and Christopher Brown for their costs of the Appeal is dismissed. |
| CATCHWORDS: | CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – PERFORMANCE OF WORK – where Appellant brought a claim for rectification and determination of variations – where Tribunal ordered rectification and determined the parties’ rights to a retention in the Queensland Master Builders Association trust account – where Tribunal failed to expose a basis for the decision – where most matters determined on appeal – whether remaining alleged errors of fact substantial – whether rehearing warranted Domestic Building Contracts Act 2000, s 79, 84 Queensland Civil and Administrative Tribunal Rules 2009, r 85 Adamson v Queensland Law Society Incorporated [1990] 1 Qd R 498, cited Akins v National Australia Bank (1994) 34 NSWLR 155, cited Attorney-General v Kehoe [2000] QCA 222, cited Black, G v Toowoomba Resort Pty Ltd [2007] QCCTB 122, cited Jimenez v Sternlight Investments t/a LJ Hooker Alexandra Hills [2010] QCATA 29, cited Jones v Dunkel [1959] 101 CLR 298, cited Latoudis v Casey (1990) 170 CLR 534, cited Lida Build Pty Ltd v Miller and Anor [2011] QCATA 219, cited McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577, cited Shillingsworth v Murray (2005) 2 DDCR 450; [2004] NSWCA 465, cited |
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- AGLC
- Brown & Anor v Noosa Constructions Pty Ltd [2012] QCATA 194
- Case
- [2012] QCATA 194
- Decision Date
CaseChat Overview and Summary
The key legal issues were whether the tribunal had failed to provide a reasoned basis for its decision, and if so, whether this warranted a rehearing. Additionally, the court had to determine if the remaining alleged errors of fact were substantial enough to warrant a rehearing. The court assessed the extent to which the tribunal's decision was based on factual errors and whether those errors had a significant impact on the outcome.
The court found that the tribunal had indeed failed to adequately expose the basis for its decision, leading to an insufficiently reasoned judgment. However, the court held that the alleged factual errors were not substantial enough to warrant a rehearing. Instead, the court determined that the appeal should be allowed to a limited extent to correct a clerical error in the tribunal's order. The tribunal's order was amended to reflect the correct distribution of funds. The court also dismissed the appellants' application for their costs of the appeal.
Orders
Orders of the court
Brisbane
1. The appeal is allowed, but only to the following extent:
a. The Order of the Tribunal dated 3 February 2012 numbered 1 is amended by reducing the amount to be distributed to Noosa Constructions Pty Ltd by the sum of $957.00, and increasing the amount to be distributed to Deborah Brown and Christopher Brown by the sum of $957.00;
b. In the event that the funds referred to in that Order have been distributed to the parties by the Queensland Master Builders Association, then Noosa Constructions shall pay to Deborah Brown and Christopher Brown the sum of $957.00 within 21 days of this Order.
2. The application by Deborah Brown and Christopher Brown for their costs of the Appeal is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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