Bruce v Sneesby

CITATION: Bruce v Sneesby [2011] QCAT 392

PARTIES:	Kim Bruce
v
Lyndal Robert Patrick Sneesby

APPLICATION NUMBER:   REO021-10

MATTER TYPE: Other civil dispute matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Sandra G Deane, Member

DELIVERED ON: 5 August 2011

DELIVERED AT: Brisbane

ORDERS MADE:     The application is dismissed.

CATCHWORDS:

Application for renewal of final decision – application out of time – extension of time granted – refusal to comply with order – application dismissed

Queensland Civil and Administrative Tribunal Act 2009, ss 61, 88, 132, 133, 134
Queensland Civil and Administrative Tribunal Rules 2009, r 89

Avenell v Oxygen Pools Pty Ltd & Anor [2010] QCAT 284

APPEARANCES and REPRESENTATION (if any)

This matter was heard and determined on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

Background

1. On 29 September 2010 Ms Bruce applied to renew the Tribunal’s decision of 24 June 2010 (the Original Decision).

2. The Original Decision:

a)was an order by consent to effect a settlement of proceedings BD426-09. 

b)ordered that by 29 July 2010 Mr Sneesby was to rectify certain defects identified in a specified Queensland Building Services Authority (QBSA) report.  The defects were to be rectified to the satisfaction of the QBSA.  Upon completion of the rectification work the parties were to arrange for the QBSA to carry out an inspection.

1. On 13 August 2010 the QBSA conducted an inspection and provided a report on 23 August 2010.  The QBSA reported that none of the 7 items had been rectified.

2. Ms Bruce seeks an order that the Original Decision be set aside and in its place orders that:

a)Mr Sneesby pay the costs of other tradesmen to rectify the defects;

b)she be compensated for the amounts paid to the Tribunal;

c)she be compensated for the amounts paid for products required by Mr Sneesby when performing work in purported compliance with the Original Decision;

d)she be compensated for the leadlight window Mr Sneesby has not returned to her.

1. The reasons for seeking the orders are that:

a)none of the 7 items have been rectified to the QBSA’s satisfaction;

b)she has no confidence that Mr Sneesby will rectify the defects; and

c)the matter has been ongoing for some years.

Law

1. Section 133 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) provides that a party may apply for a renewal of the Tribunal’s final decision if it is not possible for it to be complied with or there are problems with interpreting, implementing or enforcing the tribunal’s final decision.

2. Rule 89 of Queensland Civil and Administrative Tribunal Rules 2009 (the Rules) provides that such an application for renewal must be made within 28 days after the party is given notice of the decision.

3. Section 134 of the QCAT Act provides that on an application for renewal the tribunal may make the same final decision it made when the proceeding was originally decided or any other decision that could…