Ka Fai Cheng v Chavda

In the case of Ka Fai Cheng v Chavda, the dispute involved a disagreement over a retaining wall between adjoining properties. The matter was brought before the Queensland Civil and Administrative Tribunal (QCAT) and, subsequently, the Queensland Court of Appeal. The appellant, Ka Fai Cheng, sought to appeal the QCAT decision which had ruled in favour of the respondents, the Chavda family. The appellant contended that QCAT had no jurisdiction to make orders about a retaining wall and that any such orders were beyond the power of the tribunal.

The primary legal issue before the court was whether QCAT had the jurisdiction to make orders about a retaining wall, especially when there was no existing retaining wall between the properties. Additionally, the court had to consider whether the orders sought by the parties constituted equitable relief, which is traditionally available in higher courts rather than QCAT. The appellant argued that the relief sought was inherently equitable and, as such, QCAT lacked the authority to grant it.

The court found that QCAT did not have jurisdiction to make orders about a retaining wall when no such wall existed. The court emphasised that QCAT's powers are constrained by statute and cannot extend to granting equitable relief, which is a remedy available only in higher courts. The orders made by QCAT were beyond its statutory powers and, as such, were invalid. The court concluded that QCAT had erred in law by making orders that it was not empowered to grant.

The appeal was allowed, and the orders made by QCAT on 23 June 2017 were set aside. The respondents' application in matter MCDO327-17 was also dismissed. The court granted leave to appeal and confirmed that the appropriate course of action for the parties would be to seek the relief they desired in a court with the requisite jurisdiction.