Reocrete Pty Ltd v PM-3 Pty Ltd

Reocrete Pty Ltd sought leave to appeal a decision made by the Queensland Civil and Administrative Tribunal (QCAT). PM-3 Pty Ltd opposed the appeal. The original dispute between the parties concerned a building dispute. The tribunal's decision was challenged on the grounds that the adjudicator failed to consider the application for leave to be represented and did not provide adequate reasons for the decision. The appeal was allowed, and the tribunal's decision was set aside. The tribunal is now required to decide whether to transfer the matter to the building list or dismiss the application under section 47 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). The tribunal will decide this issue on the papers, without an oral hearing, after 30 April 2025. Until that date, each party must provide either written evidence from the Queensland Building and Construction Commission (QBCC) demonstrating compliance with the dispute resolution process under section 77(2) of the Queensland Building and Construction Commission Act 1991 (Qld) or written submissions setting out why the matter is not a building dispute and can properly be heard within the Tribunal’s minor civil dispute jurisdiction.