Intercorp Holdings Australia Pty Ltd v GVG Design & Construct

[2016] QCAT 135

CITATION: Intercorp Holdings Australia Pty Ltd v GVG Design & Construct [2016] QCAT 135

PARTIES:	Intercorp Holdings Australia Pty Ltd t/as Master Painters Industry All Painting Needs (Applicant)
v
GVG Design & Construct (Respondent)

APPLICATION NUMBER: MCDO1203-15

MATTER TYPE: Other minor civil dispute matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Adjudicator Bertelsen

DELIVERED ON: 14 June 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The application is dismissed for lack of jurisdiction.

CATCHWORDS: Building dispute – painting – QBCC conciliation a prerequisite to any Tribunal application – absence of confirmation of QBCC conciliation

APPEARANCES:

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

1. The initiating application was filed on 29 May 2015. The Tribunal discerned that the application was in fact a building dispute application. Parties were requested to file submissions to the effect that they had participated in Queensland Building and Construction Commission (QBCC) dispute resolution process prior to the filing of the initiating application.

2. The Tribunal indicated that it could not, in the absence of participation in the QBCC dispute resolution process, proceed to hear the application because it had no jurisdiction without evidence being produced to it of prior participation in that QBCC dispute resolution process. That was not, and has not been forthcoming. Therefore, the application was dismissed for lack of jurisdiction only.