GC Pontoon & Jetty Repairs Pty Ltd v Wegener

The matter in GC Pontoon & Jetty Repairs Pty Ltd v Wegener involved a dispute between the appellant, a company that constructed a boat ramp at the respondent's residential property, and the respondent, who claimed a refund of the money paid to the appellant and an unspecified amount for the removal of the ramp and restoration of the property. The dispute was initially raised by the respondent by way of an Application for minor civil dispute under the Australian Consumer Law (Qld). The appellant filed a counter-application seeking payment under the contract between the parties. The Adjudicator ordered a refund of the money paid and granted miscellaneous relief to the respondent, but did not address the appellant's counter-application. The appellant sought leave to appeal against the Adjudicator's decision on the basis that the dispute was a 'building dispute' within the meaning of the Queensland Building and Construction Commission Act 1991 (Qld) and that the Tribunal had no jurisdiction because of the respondent's non-compliance with section 77(2) of the QBCC Act. The appellant also argued that the Tribunal erred in law by failing to deal with the counter-application.

The primary legal issue before the court was whether the Tribunal had jurisdiction to decide the dispute and grant the relief ordered. The court noted that the dispute involved a contract for the construction of a boat ramp, which fell within the definition of a 'building dispute' under the QBCC Act. The court further noted that the respondent had not complied with section 77(2) of the QBCC Act, which required the respondent to notify the appellant of the dispute and give the appellant an opportunity to resolve it. The court held that the Tribunal did not have jurisdiction to decide the dispute because it was a 'building dispute' within the meaning of the QBCC Act. The court also held that the Tribunal had no jurisdiction and power to grant the relief ordered because the respondent had not complied with section 77(2) of the QBCC Act. Finally, the court held that the Tribunal erred in law by failing to deal with the appellant's counter-application.

The appeal was allowed, and the decision of the Tribunal made on 12 April 2023 was set aside. 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 were returned to a differently constituted Tribunal exercising the Tribunal's minor civil dispute jurisdiction for reconsideration. Unless a party filed written submissions seeking an order for costs of the appeal, there would be no order as to costs. If a party filed written submissions in accordance with Order 5, the Appeal Tribunal would decide the issue of costs on the papers without an oral hearing.