GC Pontoon & Jetty Repairs Pty Ltd v Wegener

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

GC Pontoon & Jetty Repairs Pty Ltd v Wegener [2024] QCATA 69

PARTIES:

GC PONTOON & JETTY REPAIRS PTY LTD

(applicant/appellant)

v

MICHELLE WEGENER

(respondent)

APPLICATION NO/S:

APL117-23

ORIGINATING APPLICATION/S

MCDQ544/22 Southport

MATTER TYPE:

Appeals

DELIVERED ON:

26 June 2024

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

A/Member Lumb

ORDERS:

1.       Leave to appeal is granted.

2.       The appeal is allowed.

3.       The Decision of the Tribunal made on 12 April 2023 is set aside.

4.       The matter the subject of the Application for minor civil dispute - consumer/trader dispute filed by the Respondent on 13 October 2022 and the matter the subject of the counter-application filed on 4 April 2023 are returned to a differently constituted Tribunal exercising the Tribunal’s minor civil dispute jurisdiction for reconsideration.

5.       Unless, within 14 days of the date of the Decision, a party files with the Tribunal, and gives to the other party, a copy of written submissions (limited to five (5) pages) seeking an order for costs of the appeal, there shall be no order as to costs.

6.       If a party files written submissions in accordance with Order 5:

(a)      the other party must, within 14 days of receipt of the written submissions,  file with the Tribunal, and give to the first party, a copy of written submissions in response;

(b)      the Appeal Tribunal will decide the issue of costs on the papers without an oral hearing.

CATCHWORDS:

APPEAL – GENERAL PRINCIPLES – leave to appeal – minor civil dispute – where appellant constructed boat ramp at respondent’s residential property – where respondent claimed refund of money paid to appellant and an unspecified amount for removal of ramp and restoration of property – where appellant made claim by way of Application for minor civil dispute raising a consumer/trader dispute –  where relief claimed under the Australian Consumer Law (Qld) – where Adjudicator ordered refund of money and granted miscellaneous relief – where appellant contends that dispute was a ‘building dispute’ within the meaning of  the Queensland Building and Construction Commission Act 1991 (Qld) (‘the QBCC Act’) – where appellant contends that the Tribunal had no jurisdiction because of respondent’s non-compliance with s 77(2) of the QBCC Act – whether Tribunal had jurisdiction to decide the dispute – whether Tribunal had jurisdiction and power to grant the relief ordered – where appellant filed counter-application in the proceeding – where appellant claimed moneys owing under the contract between the parties – where Adjudicator did not deal with counter-application – whether Tribunal erred in law in failing to deal with counter-application – whether the Tribunal had jurisdiction to decide the counter-application

Fair Trading Act 2011 (Qld), s 50, s 50A

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 10, s 11, s 11A, s 12, s 13, s 142, Schedule 3

Queensland Civil and Administrative Tribunal Rules 2009 (Qld), s 51

Berry v Treasure & Anor [2021] QCATA 61
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