Redding v Simmons

[2016] QCATA 100

CITATION: Redding v Simmons [2016] QCATA 100

PARTIES:	Michael John Redding (Appellant)
v
Briann William Simmons (Respondent)

APPLICATION NUMBER: APL420-15

MATTER TYPE: Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Dr J R Forbes, Member

DELIVERED ON:	23 February 2016
DELIVERED AT:	Brisbane

ORDERS MADE: 1.     The application for leave to appeal is refused

CATCHWORDS:

MINOR CIVIL DISPUTE – APPLICATION FOR LEAVE TO APPEAL – BUILDING DISPUTE – where application dismissed for want of jurisdiction – where applicant failed to submit to the dispute resolution process provided by the Queensland Building and Construction Commission before commencing action – where application dismissed on that ground – whether applicant was lawfully required to submit to said process – whether dismissal of application was in error – where dismissal for want of jurisdiction creates cause of action estoppel

Acts  Interpretation Act 1954 s 14A
Queensland Building and Construction Commission Act 1991 ss 3, 72, 77, Schedule 1B ss 2, 9; Schedule 2
Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 s 39
Queensland Civil and Administrative Tribunal Act 2009 s 32

Bloomfield & Roofshield Restorations Pty Ltd v QBCC [2014] QCAT 149
Calanca v The Queensland Parole Board [2016] QSC 3

Cutbush v Team Maree Property Service (No 3) [2010] QCATA 89
Legal Services Commissioner v Lee [2013] QCAT 447
Minister for Home and Territories v Teesdale Smith (1924) 35 CLR 120
Nominal Defendant v GLG Australia Pty Ltd (2006) 225 ALR 643; [2006] HCA 11
Pharmacy Board of Australia v Chung [2012] QAT 483
Rizhao Steel Holding Group Co Ltd v Koolan Iron Ore Pty Ltd (2012) 43 WAR 91; [2012] WASCA 50
Saraswati v The Queen (1991) 172 CLR 1

Todd and 1 Other v Todd and 1 Other [2007] NSWCA 224

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 (“QCAT Act”).

REASONS FOR DECISION

1. On 2 July 2015 Michael John Redding (“Redding”), a builder, instituted a minor civil dispute (minor debt) against Briann William Simmons (“Simmons”) claiming $8,630.86, being the balance owing for work done and materials supplied in repairing Simmons’ premises at Upper Mt Gravatt, Brisbane.

2. Simmons denies liability and defends the claim on two bases, namely (i) that charges for part of the work are excessive, and (ii) that he (Simmons) did not authorise certain items that have been charged.[1] There is no plea that the work done is defective, substandard or incomplete.

   [1]Response filed 17 July 2015.

3. The matter came on for hearing on 8 October 2015. The presiding Adjudicator asked Redding:

   “[Y]ou’re a registered builder are you ... [Y]ou’ve got a licence with the QBCC? Are you aware of section 77 of the QBCC Act now? ... [A]ny building dispute must go through the QBCC’s dispute resolution. Have you done that?”

4. To which Redding replied: “No sir, I wasn’t aware of that rule.”[2]

   [2]Transcript of hearing 8…