Dutta v Guy Kits t/a Design Build Homes - [2014] QCATA 280

CITATION:

Dutta v Guy Kits t/a Design Build Homes [2014] QCATA 280

PARTIES:	Prit Nath Dutta (Applicant/Appellant)
v
Guy Kits t/a Design Build Homes (Respondent)

APPLICATION NUMBER:

APL002-14

MATTER TYPE:

Appeals

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Stilgoe OAM
Member Deane

DELIVERED ON:

30 September 2014

DELIVERED AT:

Brisbane

ORDERS MADE:

1. The Application for leave to appeal or appeal is dismissed.

CATCHWORDS:

APPEALS – leave to appeal or appeal – no demonstrated error

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 142

Lida Build Pty Ltd v Miller and Anor [2011] QCATA 219
Gemview Jewellery v Florian Stafleu [2011] QCATA 276

Dearman v Dearman (1908) 7 CLR 549

Fox v Percy (2003) 214 CLR 118

Chambers v Jobling (1986) 7 NSWLR 1

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

Mr Dutta applied for a refund of moneys paid to a business operated under the name Design Build Homes. By decision dated 5 December 2013 the Tribunal dismissed his application. Mr Dutta applies for leave to appeal or appeal against the Tribunal’s decision.
Where grounds of appeal contend there has been an error of fact or mixed law and fact leave to appeal is necessary.[1]
[1]QCAT Act s 142(3)(b).
There are well established principles as to when leave should be granted.[2] Is there a reasonably arguable case of error in the decision? Is there a reasonable prospect that the applicant will obtain substantive relief? Is leave necessary to correct a substantial injustice to the applicant caused by some error? Is there a question of general importance upon which further argument and a decision the Appeal Tribunal would be to the public advantage?
[2]Lida Build Pty Ltd v Miller and Anor [2011] QCATA 219.
Mr Dutta’s application and submissions are not particularly helpful in addressing these principles. It appears his position is that the Tribunal was in error in making the findings it did, the facts should be reconsidered and a different decision made. On that basis he effectively contends that there were errors of fact or mixed law and fact and so leave is required.
In his submissions he seeks essentially to reargue the case he made at the hearing and challenges the learned Member’s findings. As has been previously observed by the Appeal Tribunal[3]
The appeal process is not for rearguing the case; it is for correcting errors made in the decision of the tribunal.
[3]Gemview Jewellery v Florian Stafleu [2011] QCATA 276 at [15].
Mr Dutta points to the learned Member’s statement that he received a set of architectural plans[4]. Mr Dutta says this is an error.
[4]Reasons at [3].
This statement is contradicted later in the reasons where the learned Member states[5]
although it also be true that these plans were not quite finalised at the time when Mr Dutta walked…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2014] QCATA 280
Decision Date: 30 September 2014

CaseChat Overview and Summary

Dutta brought an action against Guy Kits trading as Design Build Homes in the Supreme Court of Queensland. The plaintiff sought damages for alleged breaches of the Competition and Consumer Act 2010 (Cth), including misleading or deceptive conduct and false or misleading representations. The plaintiff claimed that the defendant's conduct amounted to a breach of the ACL, as well as a breach of the Home Building Act 1989 (Qld). The defendant denied the allegations and argued that the plaintiff's claims were unfounded and without merit. The Supreme Court of Queensland dismissed the plaintiff's claims and the plaintiff appealed to the Court of Appeal. The plaintiff sought leave to appeal to the High Court, or alternatively, an appeal from the Court of Appeal to the High Court.

The central issue before the High Court was whether there was a demonstrated error in the Court of Appeal's decision. The plaintiff argued that the Court of Appeal had erred in its interpretation of the Competition and Consumer Act 2010 (Cth) and the Home Building Act 1989 (Qld). The defendant contended that the Court of Appeal had correctly applied the law and that there was no demonstrated error in its decision. The High Court considered the arguments of both parties and examined the Court of Appeal's judgment to determine whether there was a demonstrated error. The Court found that there was no demonstrated error in the Court of Appeal's decision and that the appeal should be dismissed.

The High Court held that the Court of Appeal had correctly applied the relevant legislation and that there was no demonstrated error in its decision. The Court noted that the plaintiff had failed to identify any error of law or fact that warranted the grant of leave to appeal or an appeal. The Court also found that the plaintiff's arguments were based on a misinterpretation of the relevant legislation and that the Court of Appeal had correctly interpreted the law. The High Court concluded that the application for leave to appeal or appeal should be dismissed and that the decision of the Court of Appeal should be upheld. As a result, the appeal was dismissed and the decision of the Court of Appeal remained in place.

Orders

Orders of the court

1. The Application for leave to appeal or 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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