EAT

[2011] QCAT 196

CITATION: EAT [2011] QCAT 196

PARTIES: EAT

APPLICATION NUMBER:   GAA2229-11

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Clare Endicott, Senior Member

DELIVERED ON: 27 April 2011

DELIVERED AT: Brisbane

ORDERS MADE:      1.    Application dismissed.

CATCHWORDS: 

ADMINISTRATION – application lacks substance

Queensland Civil and Administrative Tribunal Act 2009, s 47

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Nil
RESPONDENT:	Nil

REASONS FOR DECISION

1. On 23 June 2006 the former Guardianship and Administration Tribunal appointed EML and ED jointly and severally as administrators for EAT for all financial matters, for a period of five (5) years.  EAT lives at the Gold Coast in a unit block.

1. The administrators applied to the Tribunal on 22 March 2011 for advice, directions or recommendations in respect of problems at the property.  The Body Corporate where EAT lives is in conflict with the builder of the unit block in respect of water damage.

1. The applicants seek legal advice on EAT’s behalf in that his residence has significant water damage.  The builder, who apparently informed the Body Corporate that the building warranty is expired, refuses to do to more repairs.  The Body Corporate have indicated that if a claim to the Building Services Authority Home Insurance Warranty Scheme is unsuccessful the unit owners will need to pay $16,000 each to do the repairs.

1. The applicant, EAT says is unable to afford this and would like legal advice on his behalf.  The Tribunal does not give legal advice.  The Tribunal appointed the administrators to make these types of decisions on EAT’s behalf.

1. The Tribunal does not consider that an application to the Tribunal is required as the administrator who is appointed for all financial matters can obtain legal advice for EAT.

1. The rectification of a building defect is a matter of resolution between either the Body Corporate and the BSA or between the Body Corporate and the builder.  A letter was sent from the Tribunal Registry on 24 March 2011 to ED advising that this is not a matter which the Tribunal can consider and invited the applicant to withdrawal her application.  There has been no response to this letter.

1. Accordingly the Tribunal will dismiss the application on the basis that it lacks substance and it dismisses the application pursuant to section 47 of the Queensland Civil and Administrative Tribunal Act 2009.