| CITATION: | Miller v Lida Build Pty Ltd [2015] QCATA 137 |
| PARTIES: | Peter John Francis Miller Susan Mary Miller (Applicants/Appellants) |
| V | |
| Lida Build Pty Ltd (Respondent) |
| APPLICATION NUMBER: | APL201-14 |
| MATTER TYPE: | Appeals |
| HEARING DATE: | 30 April 2015 |
| HEARD AT: | Brisbane |
| DECISION OF: | Acting Senior Member Howard Member Deane |
| DELIVERED ON: | 14 September 2015 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The name of the first Applicant/Appellant in this proceeding be corrected to Peter John Francis Miller. 2. Order 3 of the Decision dated 28 April 2014 is set aside. 3. The Application for leave to appeal or appeal is otherwise dismissed. 4. Any application for costs including submissions and evidence as to costs is to be filed in the Tribunal and a copy provided to the other party by: 4.00pm on 5 October 2015. 5. If any application for costs is filed: a. the other party is to file in the Tribunal any submissions and evidence (if any) in response and provide a copy to the other party by 4.00pm on 26 October 2015. b. the application for costs will be determined on the papers without an oral hearing, unless a party requests an oral hearing, not before 27 October 2015. |
| CATCHWORDS: | APPEALS – DOMESTIC BUILDING DISPUTE – DAMAGES - where specific issues referred back to the Tribunal – measure of damages – whether unreasonable to incur rectification costs – whether failed to properly consider valuation evidence – no demonstrated error – Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 61, s 64, s 142,s 143, s 146, s 147 Australian Broadcasting Tribunal v Bond [1990] 170 CLR 321 Bellgrove v Eldridge [1954] 90 CLR 613 Ericson v Queensland Building Services Authority [2013] QCA 391 Lida Build Pty Ltd v Miller (No 2) [2010] QCAT 431 Lida Build Pty Ltd v Miller and Anor [2011] QCATA 219 Lida Build Pty Ltd v Miller & Anor [2013] QCATA 139 Miller & Anor v Lida Build Pty Ltd [2013] QCA 332 Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 |
APPEARANCES:
| APPLICANTS: | Peter John Francis Miller Susan Mary Miller |
| RESPONDENT: | LIDA Build Pty Ltd |
REPRESENTATIVES:
| APPLICANTS: | Mr and Mrs Miller represented by Peter John Francis Miller |
| RESPONDENT: | LIDA Build Pty Ltd represented by Darryl Jover, director |
REASONS FOR…
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- AGLC
- Miller v Lida Build Pty Ltd [2015] QCATA 137
- Case
- [2015] QCATA 137
- Decision Date
CaseChat Overview and Summary
The court found that there was no demonstrated error in the tribunal's consideration of the evidence and its assessment of the rectification costs. It held that the tribunal had not erred in law or failed to take into account relevant considerations. The court also concluded that it was not unreasonable for the tribunal to determine that interest on the damages should be payable from the date of the tribunal's decision, rather than from an earlier date when the damages were set off against amounts payable to the builder. The court dismissed the appeal, finding no basis to interfere with the tribunal's decision.
The court's decision was that the name of the first applicant/appellant should be corrected to Peter John Francis Miller. It set aside Order 3 of the Decision dated 28 April 2014, which pertained to the interest on damages. The application for leave to appeal or appeal was otherwise dismissed. The court ordered that any application for costs must be filed in the Tribunal and a copy provided to the other party by a specified date. If an application for costs was filed, the other party had to file any submissions and evidence in response by a later date, and the application for costs would be determined on the papers without an oral hearing, unless a party requested one by a specified date.
Orders
Orders of the court
1. The name of the first Applicant/Appellant in this proceeding be corrected to Peter John Francis Miller.
2. Order 3 of the Decision dated 28 April 2014 is set aside.
3. The Application for leave to appeal or appeal is otherwise dismissed.
4. Any application for costs including submissions and evidence as to costs is to be filed in the Tribunal and a copy provided to the other party by:
4.00pm on 5 October 2015.
5. If any application for costs is filed:
a. the other party is to file in the Tribunal any submissions and evidence (if any) in response and provide a copy to the other party by
4.00pm on 26 October 2015.
b. the application for costs will be determined on the papers without an oral hearing, unless a party requests an oral hearing, not before 27 October 2015.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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