Hartigan v Quiroz-Jimenez

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Hartigan v Quiroz-Jimenez [2018] QCATA 95

PARTIES:

TONY HARTIGAN T/AS SUN CITY POOLS
(appellant)

v

TATIANA QUIROZ-JIMENEZ

(respondent)

APPLICATION NO/S:

APL407-17

ORIGINATING APPLICATION NO/S:

MCDO173/17

MATTER TYPE:

Appeals

DELIVERED ON:

6 July 2018

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Hughes

ORDERS:

Leave to appeal refused.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH DISCRETION OF COURT BELOW – IN GENERAL – INJUSTICE – GENERALLY – where applicant applied for leave to appeal – where claim was both building dispute and minor civil dispute – where Tribunal dealt with claim as minor civil dispute – where applicant filed evidence of compliance with building legislation in any event – where no prejudice to appellant – where leave not needed to correct substantial injustice

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH DISCRETION OF COURT BELOW – PARTICULAR CASES – CONTROL OVER PROCEEDINGS – OTHER CASES – where allegation of denial of natural justice – where Tribunal has mandate to deal with matters quickly – where Tribunal admitted all appellant’s items into evidence and specifically referred to appellant’s submissions about jurisdiction, quantum and set-off – where appellant was given opportunity to present case –  where appellant was afforded natural justice within context of Tribunal’s minor civil disputes jurisdiction

Queensland Building and Construction Commission Act 1991 (Qld), s 77, Schedule 1B, Schedule 2

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 4, s 12, s 28, s 143, Schedule 3

Bradlyn Nominees Pty Ltd v Saikovski [2012] QCATA 39
Cachia v Grech [2009] NSWCA 232
Creek v Raine & Horne Mossman [2011] QCATA 226
Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388
Kioa v West (1985) 159 CLR 550
McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577
QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41
Rayner & Anor v Trabme Pty Ltd t/as Elders Redcliffe [2013] QCATA 212

Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247

REPRESENTATION:

Applicant:

Self-represented 

Respondent:

Self-represented

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

What is this appeal about?

1. A Judicial Registrar ordered Tony Hartigan t/as Sun City Pools to pay Tatiana Quiroz-Jimenez $8,163.40 for defective workmanship relating to a pool he installed.

2. Mr Hartigan wants to appeal that decision.

3. Because this is an appeal from a minor civil dispute, leave is required.[1]

   [1]Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’), s 143(3).

4. In determining whether to grant leave, the Tribunal will consider established principles including:

   (a)whether there is a reasonably arguable case of error in the primary decision;[2]

   (b)whether there is a reasonable prospect that the appellant will obtain substantive relief;[3]

   (c)whether leave is needed to correct a substantial injustice caused by some error;[4]…