Luscombe v Russell

The parties involved in this case were Mr Tony Jason Luscombe and Luscombe Builders Pty Ltd, who were plaintiffs, and Mr Cam Russell and Mrs Amanda Russell, who were defendants. The dispute arose from a building contract where Luscombe Builders claimed $91,983.54 for work completed and an additional $131,295 in costs. The Russells counterclaimed for defective work and delay costs. This matter was heard and determined by the Queensland Civil and Administrative Tribunal (QCAT).

The tribunal was required to decide on two main legal issues. Firstly, whether Luscombe Builders had a reasonable excuse for its delay in filing the necessary material, and secondly, whether the tribunal should exercise its discretion to strike out the claim under section 48 of the Queensland Civil and Administrative Tribunal Act 2009. The tribunal considered factors such as the party's familiarity with tribunal practices and procedures, their capacity to understand and act on the tribunal's directions, and whether the party acted deliberately.

The tribunal concluded that Luscombe Builders had a reasonable excuse for its delay. The tribunal noted that Luscombe Builders had taken steps to understand the tribunal process by seeking legal advice, which led to the realisation that more documentation was required. The tribunal also recognised that it was taking time to gather statutory declarations from witnesses. While the tribunal has an obligation to deal with matters in a quick and economical manner, it also has an obligation to ensure that the process is accessible, fair, and just. Therefore, the tribunal granted an extension of time for Luscombe Builders to file its material but warned that any further non-compliance would result in the application being struck out. The tribunal dismissed the application to strike out the claim, cancelled the previously scheduled directions hearing, and rescheduled it for a later date.

The tribunal granted the application for an extension of time, dismissed the application for miscellaneous matters to strike out, cancelled the directions hearing scheduled for 1:30 pm on 6 February 2013, and re-scheduled the directions hearing for 2:30 pm on 20 February 2013.