Lucas v Habul

Case [2020] QCATA 53


QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

Lucas v Habul [2020] QCATA 53

PARTIES: ASSUNTA LUCAS

(appellant)

v

HARRY HABUL

(respondent)

APPLICATION NO/S:

APL252-18 (appeal); APL311-18 (cross appeal)

ORIGINATING APPLICATION NO/S:

MCDO 357/18 (Southport)

MATTER TYPE:

Appeals

DELIVERED ON:

8 April 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Gordon

ORDERS:

1.   The application by Assunta Lucas to amend the grounds of appeal in APL252-18 is granted in the form submitted without the need to serve any further documents.

2.   The application by Assunta Lucas to put fresh evidence before the Appeal Tribunal is refused.

3.   Leave to appeal in APL252-18 is granted.  The decision made on 5 September 2018 in application MCDO 357/18 (Southport) that Assunta Lucas pay to Harry Habul the sum of $4,500 within 90 days is set aside.

4.   The following decision is substituted: application MCDO 357/18 (Southport) is dismissed because the tribunal does not have jurisdiction to hear it.

5.   Leave to appeal in APL311-18 is refused.  This means that the cross appeal fails.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – restrictions on the minor civil dispute jurisdiction of the tribunal – whether the tribunal has jurisdiction to deal with a minor civil dispute on a quantum meruit – whether the claim is a building dispute and if so whether the pre-action QBCC conciliation has taken place – whether the tribunal has jurisdiction to deal with a building dispute as a minor civil dispute if it is a claim to recover a debt or liquidated demand of money – whether the tribunal has general jurisdiction to make a fair order in any claim of up to $25,000

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 11, s 13

Queensland Building and Construction Commission Act 1991 (Qld), s 77(2)

Alexander v Ajax Insurance Co Ltd [1956] VLR 436

Hashfield v Gold Coast City Council [2020] QCATA 36
Lagos v Grunwaldt [1910] 1 KB 41
Lockard Consultants Pty Ltd v AsteRX Pty Ltd t/as Medirecords [2019] QCAT 122
New Image Beauty Salons Pty Ltd v Dewar and Anor [2011] QCATA 217
Skinner v FTP Contracting Pty Ltd & Anor (No 2) [2020] QCATA 12

Solahart Mackay & Ors v Summers [2013] QCATA 113

REPRESENTATION:

Appellant:

Self-represented but assisted by Gold Coast Community Legal Centre

Respondent:

Self-represented

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

  1. This is an appeal by Assunta Lucas in APL252-18, and a cross appeal by Harry Habul in APL311-18, from a decision made by an Adjudicator in a minor civil dispute.  The decision was made in application MCDO 357/18 (Southport). 

  2. That application was brought by Mr Habul against Ms Lucas.  He claimed the sum of $11,593.43 from her plus the filing fee and service costs.  He said that she had engaged him as a licensed builder, to carry out renovation work at her…

Continue reading Lucas v Habul

Sign in free to access the full text

Details
AGLC
Lucas v Habul [2020] QCATA 53
Case
[2020] QCATA 53
Decision Date

CaseChat Overview and Summary

In Lucas v Habul, the dispute arose between Assunta Lucas and Harry Habul. The matter was heard in the Queensland Civil and Administrative Tribunal, where the court was tasked with determining the jurisdiction of the tribunal in relation to minor civil disputes. The crux of the legal issues involved the tribunal's authority to handle a minor civil dispute concerning a quantum meruit, particularly whether the claim constituted a building dispute that required pre-action QBCC conciliation. Additionally, the court had to decide if the tribunal retained jurisdiction over a building dispute as a minor civil dispute when the claim involved the recovery of a debt or a liquidated demand of money. The tribunal's general jurisdiction to make a fair order in any claim up to $25,000 was also scrutinized.

The court meticulously examined the jurisdictional constraints imposed on the tribunal, specifically in relation to minor civil disputes. It found that the tribunal's jurisdiction over minor civil disputes was limited and did not extend to claims involving building disputes unless certain pre-action requirements were fulfilled. Furthermore, the court held that the tribunal lacked jurisdiction to hear a minor civil dispute if the claim was to recover a debt or a liquidated demand of money. Consequently, the tribunal's general jurisdiction to make a fair order in claims of up to $25,000 did not override the specific jurisdictional limitations for minor civil disputes.

Given its findings, the court concluded that the tribunal did not have jurisdiction to hear the matter concerning Assunta Lucas and Harry Habul. As a result, the application for leave to appeal was granted, and the earlier decision that ordered Assunta Lucas to pay Harry Habul was set aside. The tribunal's decision was dismissed as it fell outside the jurisdictional scope of the tribunal for minor civil disputes. Conversely, the cross-appeal was dismissed due to the refusal of leave to appeal, thereby rendering it ineffective.

The final orders of the court included granting Assunta Lucas's application to amend the grounds of appeal, refusing her application to present fresh evidence, and granting leave to appeal in the primary matter. The earlier decision requiring Assunta Lucas to pay Harry Habul was set aside, and a new decision was substituted dismissing the application due to the tribunal's lack of jurisdiction. The cross-appeal was dismissed as the leave to appeal was refused.

Orders

Orders of the court

1. The application by Assunta Lucas to amend the grounds of appeal in APL252-18 is granted in the form submitted without the need to serve any further documents.

2. The application by Assunta Lucas to put fresh evidence before the Appeal Tribunal is refused.

3. Leave to appeal in APL252-18 is granted. The decision made on 5 September 2018 in application MCDO 357/18 (Southport) that Assunta Lucas pay to Harry Habul the sum of $4,500 within 90 days is set aside.

4. The following decision is substituted: application MCDO 357/18 (Southport) is dismissed because the tribunal does not have jurisdiction to hear it.

5. Leave to appeal in APL311-18 is refused. This means that the cross appeal fails.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.