Core Concrete Pty Ltd v Murtrack Pty Ltd t/as R & F Steel Building Cairns

Core Concrete Pty Ltd has appealed against a decision of the Queensland Civil and Administrative Tribunal (QCAT) in proceedings brought by Murtrack Pty Ltd t/as R & F Steel Building Cairns. The appeal concerns the failure of Core Concrete to attend a compulsory conference and the subsequent summary determination of both the claim and the counter-claim by the tribunal in its absence. The central legal issues before the court were whether the tribunal erred in summarily determining the matter without providing reasons and if the tribunal's actions constituted an error of law.

The court found that the tribunal had indeed erred in summarily determining the matter without providing reasons. This failure to give reasons was itself an error of law. The tribunal's reliance on section 72 of the QCAT Act, which permits a decision to be made in the absence of a party, does not excuse the tribunal from its statutory duty to provide reasons for its decision. The court also noted that the tribunal did not consider the merits of the case and instead made its decision solely based on Core Concrete's failure to attend the compulsory conference. The court further ruled that fresh evidence could not be relied upon in the appeal as it would not have influenced the result of the case following the compulsory conference.

The appeal was allowed, and the decision of the tribunal was set aside. The matter was returned to the tribunal for further directions to progress the proceeding. Additionally, the parties were directed to file submissions on the costs of the appeal within fourteen days, limited to three pages each.