Massive Solar Pty Ltd v Expert Electrical Pty Ltd

[2016] QCATA 174

CITATION: Massive Solar Pty Ltd v Expert Electrical Pty Ltd [2016] QCATA 174  

PARTIES:	Massive Solar Pty Ltd (Applicant/Appellant)
v
Expert Electrical Pty Ltd (Respondent)

APPLICATION NUMBER: APL208-16

MATTER TYPE: Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member Stilgoe OAM

DELIVERED ON: 15 November 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.    Leave to appeal refused.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL – INTERFERENCE WITH FINDINGS OF FACT – PROOF AND EVIDENCE – where agreement to refund cost of solar panels supplied – where refund not paid – where issue of solar rebates – where supplier disputes number of solar panels returned – whether grounds for leave to appeal

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 142

Pickering v McArthur [2005] QCA 294

APPEARANCES and REPRESENTATION (if any):

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

REASONS FOR DECISION

1. Massive Solar Pty Ltd sold some solar panels to Expert Electrical Pty Ltd that were not fit for purpose. The parties agreed that Massive Solar would refund $20,355.99 to Expert Electrical but Massive Solar did not, in fact, pay the refund. The tribunal ordered Massive Solar pay Expert Electrical the agreed refund.

2. Massive Solar wants to appeal that decision. Because this is an appeal from a decision of the tribunal in its minor civil disputes jurisdiction, leave is necessary.[1] Leave to appeal will usually be granted where there is a reasonable argument that the decision is attended by error, and an appeal is necessary to correct a substantial injustice to the applicant caused by that error.[2]

   [1]QCAT Act s 142(3)(a)(i).

   [2]Pickering v McArthur [2005] QCA 294 at [3].

3. Massive Solar’s submissions do not point to an error by the tribunal. Instead, Massive Solar disputes the calculation of the number of panels the subject of the refund. It also wants Expert Electrical to return the Small-scale Technology Certificate (STC) rebates. Its submissions also take issue with whether or not the solar panels were fit for purpose.

4. The tribunal acknowledged the issue of the STC rebates and determined that the rebates needed to be decided according to a regulatory regime.[3] The tribunal directed the parties to communicate with the regulator and noted that the enforcement of any rebate rights was a matter for another day.[4] Massive Solar has not demonstrated why this was not the correct approach to the issue of the rebates.

   [3]Transcript page 1-15, lines 36 – 37.

   [4]Transcript page 1-16, lines 3 – 13.

5. Massive Solar advised the number of panels returned, and their condition, in an email dated 24 February 2016. It cannot now challenge that number on appeal by stating that it had reconsidered the stock returned.

6. The solar panels Massive Solar supplied were not compliant with Australian Standards. It agreed to refund the purchase price. It cannot now, on appeal, challenge the basis for Expert Electrical’s decision to return the solar panels.

1. There is no reasonably arguable case that the tribunal was in error. Leave to appeal should be refused.