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Knox v Bellamy

Knox v Bellamy

Case [2021] QCAT 192 26 May 2021

Civil Litigation & Procedure

Tort Law

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QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Knox v Bellamy [2021] QCAT 192

PARTIES: GRAEME KNOX

(applicant)

v

DEREK BELLAMY

(respondent)

APPLICATION NO/S:

BDL007-19

MATTER TYPE:

Building matters

DELIVERED ON:

26 May 2021

HEARING DATE:

19 March 2020

HEARD AT:

Brisbane

DECISION OF:

Member Fitzpatrick

ORDERS:
It is ordered, on an interim basis, that:

1.   A copy of these Orders and Reasons are to be given to the Queensland Building and Construction Commission (QBCC) marked to the attention of the Assistant Commissioner (Services and Trades) by the Principal Registrar of the Tribunal.

2.   The Assistant Commissioner (Services and Trades) must appoint a senior plumbing inspector to liaise with Graeme Knox and Derek Bellamy in relation to rectification of the wastewater system at the Knox property at Brookfield (the land).

3. Graeme Knox, Derek Bellamy and the inspector appointed by the QBCC must attend at the land within 21 days of the date of this Order for the purpose of determining the scope of works necessary to rectify and complete the installation of an operational wastewater system on the land.

4. Graeme Knox and Derek Bellamy must co-operate with the QBCC inspector by provision of relevant documents and granting access to any experts engaged by the QBCC.

5. Graeme Knox must obtain engineering evidence as to the fitness for purpose of the current evaporation trenches, if rectified, and the rectification works required. Alternatively, Graeme Knox must obtain engineering evidence as to the location of new trenches, the style of new trenches and the cost of installing those trenches. That evidence must be provided to Derek Bellamy and to the QBCC plumbing inspector as part of the parties’ collaboration in determining the scope of rectification work.

6.   Derek Bellamy must attend to rectification of the wastewater tanks, pipework and evaporation trenches necessary to repair and complete installation of the wastewater system on the land, so that it is fully operational.

7.   Derek Bellamy must obtain certification of the wastewater system by the Brisbane City Council.

8. In the event of disagreement as to whether rectification work falls within the ambit of the original agreement for installation of a wastewater system on the land, for example, the re-siting of the evaporation trenches and/or the supply of materials; and if the parties cannot resolve the matter themselves, the parties will participate in a dispute resolution process as administered by the QBCC.

9.   In the event agreement cannot be reached in relation to the matters set out in Order number 8, Graeme Knox must notify the Tribunal in writing that agreement cannot be reached, whereupon the parties will attend a Directions Hearing on a date and time to be advised, and the matter will be listed for determination by the Tribunal.

10.   Graeme Knox must co-operate with Derek Bellamy in the completion of the works and must ensure extra work outside the ambit of the original agreement for the installation of a wastewater system on the land is either contracted to Derek Bellamy or another appropriate…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Knox v Bellamy

Details

AGLC: Knox v Bellamy [2021] QCAT 192
Case: [2021] QCAT 192
Decision Date

CaseChat Overview and Summary

Knox v Bellamy [2021] QCAT 192 is a decision of the Queensland Civil and Administrative Tribunal. The applicant, Graeme Knox, entered into a contract with Bellamy Plumbing Pty Ltd t/as Wastewater Systems to supply and install a wastewater system on Knox's property. The works were defective and Knox sought relief in the Tribunal. The Tribunal found that the plumber, Derek Bellamy, was liable for the defective works and ordered him to rectify the wastewater system, including the evaporation trenches, to provide an operational system fit for certification and to obtain certification. The Tribunal also made orders to regulate the conduct of the parties in determining the scope of rectification work and in relation to the costs of rectification.

Orders