Krummel v Woods

[2017] QCAT 115

CITATION:

Krummel & Anor v Woods [2017] QCAT 115

PARTIES:

Brendan Krummel
Chrissie Krummel
(Applicants)

v

Brendan Armstrong Woods t/as Woods Designer Homes

(Respondent)

APPLICATION NUMBER:

BDL093-16

MATTER TYPE:

Building matters

HEARING DATE:

5 April 2017

HEARD AT:

Brisbane

DECISION OF:

Member Guthrie

DELIVERED ON:

7 April 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1. The Tribunal declines to make a final order finalising the proceeding by virtue of s 72 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

2. The Tribunal does not have jurisdiction to hear and determine an application to dismiss or strike out under s 48 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

The Tribunal directs that:

1.    Brendan Krummel and Chrissie Krummel may file in the Tribunal and give to Brendan Armstrong Woods t/as Woods Designer Homes one copy of any written submissions in support of an application for costs in connection with the compulsory conference scheduled for 5 April 2017 at 9:30 am by 4:00 pm on 21 April 2017.

2.    In the event that Brendan Krummel and Chrissie Krummel files submissions in compliance with direction 1, Brendan Armstrong Woods t/as Woods Designer Homes must file any written submission in response by 4:00 pm on 5 May 2017.

3.    The application for costs will be determined on the papers not before 8 May 2017.

4.    The proceeding is listed for a directions hearing on 10 May 2017 at 2:30 pm.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – where application for a domestic building dispute - where respondent failed to attend compulsory conference – whether the tribunal should make an order striking out the respondent’s counter-application - whether the tribunal should make an order finalising the application for a domestic building dispute by making an order in favour of the applicant

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 28, s 48, s 50, s 72

Moreton Island Development Group v Smith Development Pty Ltd [2012] QCATA 15, considered

APPEARANCES:

APPLICANT:

Brendan Krummel

RESPONDENT:

Did not attend

REPRESENTATIVES:
APPLICANT:	represented by Mr A Evans, Creevey Russell Lawyers
RESPONDENT:	unrepresented

REASONS FOR DECISION

1. Mr and Mrs Krummel filed an application for a domestic building dispute on 5 May 2016. Their amended statement of claim was filed on 5 October 2016. They claim relief in the amount of $258,239 or an amount to be assessed as damages. The respondent has filed a response and counter-application by documents filed on 16 November 2016 and a Form 36 filed 29 March 2017 and again filed 3 April 2017.

2. When the respondent failed to attend a compulsory conference scheduled for 9:30 am on 5 April 2017, the applicants’ representative asked that the matter be stood down so that he might consider what application he could make to me and what orders he might seek on his client’s behalf. I granted him that time. When we returned to the conference, the applicants’ representative indicated that he wished to pursue oral applications…