Harrison and Anor v Meehan

Case [2016] QCATA 197


CITATION:

Harrison and Anor v Meehan [2016] QCATA 197

PARTIES:

Karen Harrison
Scott Harrison
(Applicant/Appellant)

v

Michael Meehan

(Respondent)

APPLICATION NUMBER:

APL 273-15

APL 375-15

MATTER TYPE:

Appeals

HEARING DATE:

19 April 2016

HEARD AT:

Brisbane

DECISION OF:

Senior Member Brown
Member Guthrie

DELIVERED ON:

12 December 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

In appeal APL273-15:

1.    Leave to appeal is granted;

2.    The appeal is allowed in part;

3.    The decision of the Tribunal dated 10 June 2015 is set aside.

4.    Michael Meehan must pay to Karen Harrison and Scott Harrison the amount of $26,015.99 within twenty eight (28) days;

5.    Michael Meehan must pay to Karen Harrison and Scott Harrison interest on the amount of $26,015.99 at the rate of 10% per annum from 11 June 2015 until the date of payment.

6.    The parties must file in the Tribunal two (2) copies and exchange one (1) copy of submissions in relation to costs in proceeding BDL120-14 and in appeal APL273-15 within fourteen (14) days.

In appeal APL375-15:

1.    The appeal is allowed;

2.    The parties must file in the Tribunal two (2) copies and exchange one (1) copy of submissions in relation to costs in appeal APL375-15 within fourteen (14) days.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – Where Tribunal below found the applicant had unduly delayed in taking steps to complete building work – whether reasonably open to make a finding on the evidence

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – Leave to Appeal – where Tribunal below made finding not open on the evidence – whether leave to appeal should be granted

APPEAL AND NEW TRIAL – APPEAL – Rehearing – whether installation of flooring included in carpentry work – whether contract included roof trusses – whether defective work – whether consequential loss recoverable – whether rental costs after practical completion date recoverable – whether interest should be awarded on damages

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Procedure – Obligation of the Tribunal to take reasonable steps to ensure a party understands the practices and procedures of the Tribunal – where applicants did not instruct their expert witness to cost certain works – whether the Tribunal ought to have adjourned the hearing and directed the parties to re-instruct their experts

Domestic Building Contracts Act 2000 (Qld), s 55(4), s 88(4)
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 28, s 29, s 100, s 102, s 142

Bakker & Kramer v Richards Projects Pty Ltd [2014] QCATA 99
Baltic Shipping Company v Dillon (1993) 176 CLR 344

Cachia v Grech [2009] NSWCA 232
Cairns Regional Council v Carey [2012] QCATA 150
Cashmere Bay Pty Ltd v Hastings Deering (Australia) Ltd (No.2) [2011] QSC 134
Environmental Systems Pty Ltd v Peerless Holdings (2008) 19 VR 358
Ericson v Queensland Building Services Authority [2013] QCA 391
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AGLC
Harrison and Anor v Meehan [2016] QCATA 197
Case
[2016] QCATA 197
Decision Date

CaseChat Overview and Summary

The applicants, Karen and Scott Harrison, appealed a decision of the Queensland Civil and Administrative Tribunal (QCAT) that dismissed their claim for damages against Michael Meehan. The Harrisons had entered into a contract with Meehan to renovate their home, but disputes arose over the completion and quality of the work. The QCAT found that the Harrisons had unduly delayed in completing the work and dismissed their claim for damages, including for defective work, consequential loss, and rental costs post-completion. The Harrisons appealed on the grounds that the QCAT's findings were not reasonably open on the evidence and sought a rehearing on various issues, including the scope of the contract and the recoverability of certain costs.

The appeal raised several legal issues, including whether the QCAT's findings on the delay were reasonably open on the evidence, and if the appeal was within the Harrisons' right to appeal. Further, the court needed to determine if the QCAT had a procedural obligation to adjourn and direct the parties to re-instruct their experts due to the applicants' failure to instruct their expert to cost certain works. Additionally, the appeal sought a rehearing on the interpretation of the contract, the quality of the work, and the recoverability of consequential losses and rental costs after practical completion.

The court granted leave to appeal and allowed the appeal in part. It found that the QCAT's findings on the undue delay were not reasonably open on the evidence and set aside the QCAT's decision. The court ordered Meehan to pay the Harrisons damages of $26,015.99 plus interest at 10% per annum from the date of the QCAT decision until payment. The court also found that the QCAT had an obligation to ensure the parties understood the practices and procedures, but this did not necessitate an adjournment or re-instruction of experts. The court did not find it necessary to rehear the issues regarding the scope of the contract and the recoverability of certain costs.

The court's final orders included granting leave to appeal, allowing the appeal in part, setting aside the QCAT decision, and directing Meehan to pay the Harrisons the specified amount of damages plus interest. Additionally, the court ordered the parties to file and exchange submissions on costs within fourteen days.

Orders

Orders of the court

In appeal APL273-15:

1. Leave to appeal is granted;

2. The appeal is allowed in part;

3. The decision of the Tribunal dated 10 June 2015 is set aside.

4. Michael Meehan must pay to Karen Harrison and Scott Harrison the amount of $26,015.99 within twenty eight (28) days;

5. Michael Meehan must pay to Karen Harrison and Scott Harrison interest on the amount of $26,015.99 at the rate of 10% per annum from 11 June 2015 until the date of payment.

6. The parties must file in the Tribunal two (2) copies and exchange one (1) copy of submissions in relation to costs in proceeding BDL120-14 and in appeal APL273-15 within fourteen (14) days.

In appeal APL375-15:

1. The appeal is allowed;

2. The parties must file in the Tribunal two (2) copies and exchange one (1) copy of submissions in relation to costs in appeal APL375-15 within fourteen (14) days.

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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