Harrison and Anor v Meehan

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.