Good Life Services Trust v Body Corporate for Bay Breeze Village
[2014] QCAT 486
•30 September 2014
| CITATION: | Good Life Services Trust v Body Corporate for Bay Breeze Village [2014] QCAT 486 |
| PARTIES: | Huixin Li and Shumei Wang t/as Good Life Services Trust (Applicant) |
| v | |
| Body Corporate for Bay Breeze Village CTS 36205 (Respondent) |
| APPLICATION NUMBER: | OCL051-14 |
| MATTER TYPE: | Other civil dispute matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Member Deane |
| DELIVERED ON: | 30 September 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The application is not dismissed for want of jurisdiction. 2. The ‘without prejudice’ correspondence attached to the Application filed 25 June 2014 be placed in a sealed envelope on the file and marked “without prejudice correspondence not to be opened prior to final order without the consent of the body corporate”. 3. The Body Corporate for Bay Breeze Village CTS 36205 must file in the Tribunal 2 copies and give to Huixin Li and Shumei Wang t/as Good Life Services Trust 1 copy of any response to the application filed on 25 June 2014 by: 4:00pm on 24 October 2014 4. Huixin Li and Shumei Wang t/as Good Life Services Trust must file in the Tribunal two copies and give to Body Corporate for Bay Breeze Village CTS 36205 one copy of: a. Huixin Li and Shumei Wang t/as Good Life Services Trust’s statement of evidence, which must be page numbered; b. the statement from each witness to give evidence for Huixin Li and Shumei Wang t/as Good Life Services Trust at the hearing including any experts and; c. any documents referred to in a statement of evidence which must be identified, explained and attached to the appropriate witness statement by: 4:00pm on 21 November 2014. 5. Body Corporate for Bay Breeze Village CTS 36205 must file in the Tribunal 2 copies and give to Huixin Li and Shumei Wang t/as Good Life Services Trust one copy of: a. Body Corporate for Bay Breeze Village CTS 36205’s statement of evidence, which must be page numbered; b. the statement from each witness to give evidence for Body Corporate for Bay Breeze Village CTS 36205 at the hearing including any experts and; c. any documents referred to in a statement of evidence which must be identified, explained and attached to the appropriate witness statement by: 4:00pm on 19 December 2014. 6. The application is listed for a Compulsory Conference in Brisbane at 1.30pm on 13 February 2015. |
| CATCHWORDS: | BODY CORPORATE – whether the Tribunal has jurisdiction – whether a complex dispute Body Corporate and Community Management Act 1997 (Qld), s 149B, s 227, Schedule 6 |
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 Li and Ms Wang trading as Good Life Services Trust commenced an application relating to a claimed or anticipated contractual matter.[1]
[1]Body Corporate and Community Management Act 1997 (Qld) s 149B.
The Tribunal is a creature of statute and only has the powers vested in it by the QCAT Act and by relevant enabling acts such as the Body Corporate and Community Management Act 1997 (Qld) (BCCM Act). The Tribunal made directions so that the issue of whether the Tribunal has jurisdiction to hear this dispute can be determined on the papers as a preliminary matter. If there is no arguable basis that the Tribunal has jurisdiction then the application commenced by Mr Li and Ms Wang ought to be dismissed.
Attached to the Application are various pieces of correspondence some of which are stated to be ‘without prejudice’ or ‘without prejudice save as to costs’. It is not clear to me that the Body Corporate has waived any privilege it has in that correspondence. If the correspondence is properly without prejudice and both parties have not waived their privilege it is not appropriate for the Tribunal to consider it. In the circumstances I have not read that correspondence and am therefore unable to form a view as to whether that correspondence is properly without prejudice. I have read and considered the correspondence which is not stated to be without prejudice.
The ‘without prejudice’ correspondence filed with the Application should be placed in a sealed envelope on the file and marked “without prejudice correspondence not to be opened prior to final order without the consent of the body corporate”.
I am satisfied that the Application ought not to be dismissed for want of jurisdiction.
The Body Corporate accepts that the Tribunal has jurisdiction. It is necessary for me to form my own view.
The categories of disputes contemplated by the BCCM Act are set out.[2] Dispute is defined to include a dispute between the body corporate and a caretaking service contractor.[3]
[2]Ibid s 227.
[3]Ibid s 227(1)(d).
A complex dispute is defined.[4] It includes a dispute mentioned in section 149B, which applies to a dispute about a claimed or anticipated contractual matter about the engagement of a person as a caretaking service contractor.
[4]Ibid Schedule 6.
Contractual matter is defined to include a contravention, the exercise of rights or the performance of duties under the terms of engagement.[5]
[5]Ibid.
Mr Li and Ms Wang are appointed the Service Contractor under a Body Corporate Service Contractors Agreement.[6] Based upon the material filed various disputes have arisen between Mr Li and Ms Wang and the Body Corporate as to the scope of and standard of performance of the Service Contractor’s duties. Certain allegations have been made against one of the Body Corporate’s committee members.
[6]Body Corporate Service Contractors Agreement dated 29 October 2007 and Deed of Assignment dated 3 September 2013.
Mr Li and Ms Wang have sought to exercise a right under the Body Corporate Service Contractors Agreement to seek reimbursement of legal costs incurred in the course of the disputes that have arisen. Such a matter falls within the definition of a complex dispute within the jurisdiction of the Tribunal.
It is appropriate to make directions for the future conduct of the matter.
0
0
0