Rosenlund Contractors Pty Ltd v Tricon Mining Equipment Pty Ltd

Rosenlund Contractors Pty Ltd appealed against a decision of the Queensland Civil and Administrative Tribunal (QCAT), with the sole ground of appeal questioning the arithmetical calculations in the primary judgment. The case was brought before the tribunal to address the dispute between the two parties over the calculation of damages. The tribunal had to decide whether the matter was better suited to be dealt with under the slip rule and whether the existing application for leave could be considered as an application under the QCAT Act section 135. Additionally, the tribunal had to determine if the change was enabled by section 61 of the QCAT Act.

The tribunal considered whether the arithmetical errors were substantial enough to warrant a correction under the slip rule. The tribunal determined that the application for leave to appeal could be deemed an application under section 135 of the QCAT Act, subject to the parties’ objection. The tribunal also noted that any objection must be notified to the tribunal registry and the other party within 14 days of the decision. If no objection is received, the parties may file and serve written submissions within 14 days of the decision. In the event of a correction application proceeding, the matter is remitted to the Adjudicator who made the original decision.

In conclusion, the tribunal decided to deem the application for leave to appeal as an application under section 135 of the QCAT Act, subject to the parties’ objection. If no objection is received, the parties may file and serve written submissions within 14 days of the decision. In the event of a correction application proceeding, the matter is remitted to the Adjudicator who made the original decision. Absent acceptance of the change, this matter will revert to the list of applications for leave to appeal, to be decided on the papers.