Pivovarova v Peter B Michelsen t/as Peter Michelsen Buildng Service ABN 84003506297

Pivovarova appealed against a decision of the Queensland Civil and Administrative Tribunal, which had found against her in a dispute with Michelsen regarding the completion of building works. The appeal raised questions of mixed law and fact, and the Tribunal had to decide whether to grant leave for the appeal and if it should be allowed. The Tribunal found that the initial decision had several errors, including inadequate reasons for deeming practical completion, failure to consider substantial performance, and incorrect calculation of interest. The matter was remitted to the Tribunal for fresh determination.

The legal issues before the Tribunal involved the interpretation and application of contractual terms, the doctrine of substantial performance, and the proper calculation of interest and adjustments. The Tribunal had to determine if the original Member's decision contained errors of law or if there was a failure to consider relevant evidence. Additionally, the Tribunal had to consider whether the Applicant had been denied natural justice or if there had been any procedural unfairness.

The Tribunal found that several errors were present in the original decision. It set aside the finding of practical completion and the validity of the Practical Completion Stage Notice, as well as the interest calculation. The Tribunal also found that the Applicant was not afforded an opportunity to make submissions on the doctrine of substantial performance, which was an error of law. The matter was remitted for fresh determination by the original Member. However, the Tribunal dismissed the appeal against the reheard decision, finding that it had been properly conducted and that no errors of law or procedural unfairness had occurred.

ORDERS:
The appeal was dismissed.