CITATION: | Harrison and Anor v Meehan [2016] QCATA 197 |
PARTIES: | Karen Harrison |
| 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 |
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) Bakker & Kramer v Richards Projects Pty Ltd [2014] QCATA 99 Cachia v Grech [2009] NSWCA 232 |
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- AGLC
- Harrison and Anor v Meehan [2016] QCATA 197
- Case
- [2016] QCATA 197
- Decision Date
CaseChat Overview and Summary
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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