Kelly v Roofing Revamped Sunshine Coast Pty Ltd
[2012] QCAT 593
•28 November 2012
| CITATION: | Kelly v Roofing Revamped Sunshine Coast Pty Ltd [2012] QCAT 593 |
| PARTIES: | Amanda Kelly |
| v | |
| Roofing Revamped Sunshine Coast Pty Ltd |
| APPLICATION NUMBER: | BDL162-12 |
| MATTER TYPE: | Building matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Peta Stilgoe, Senior Member |
| DELIVERED ON: | 28 November 2012 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. The application requiring Danny Hayes to attend and produce documents is refused. |
| CATCHWORDS: | NOTICE TO PRODUCE – where application for QBSA to produce file – where QBSA documents already before the tribunal – where no dispute about the QBSA documents – where requires general in nature |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009.
REASONS FOR DECISION
Ms Kelly engaged Roofing Revamped Sunshine Coast Pty Ltd to install a roof at her house at Mooloolah. She says that the work was defective and she has suffered loss and damage as a result.
The dispute is listed for hearing on 4 December 2012. The parties were required to file and serve all witness statements and documents on which they relied and they have complied with that direction.
Ms Kelly asked the tribunal to issue a notice to produce to Danny Hayes. Mr Hayes is the Queensland Building Services Authority inspector who produced an inspection report on 17 January 2012. Ms Kelly wants Mr Hayes to produce:
The entire file BSA 3-5385-141 and all photos and records relating to this file and the property located at …
The request is too wide. Ms Kelly has already annexed a number of documents from the QBSA file and Roofing Revamp does not dispute the contents of those documents. The dispute is listed for a hybrid hearing, so there is limited time for the parties to sift through a file looking for particular documents. If Ms Kelly is minded to refine her request, I may be more amenable to a direction that is focussed on the nub of the dispute.
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