QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Samjam Investments Pty Ltd v Chapman [2022] QCATA 86
PARTIES: SAMJAM INVESTMENTS PTY LTD (applicant/appellant)
v
FRASER CHAPMAN (respondent)
APPLICATION NO/S:
APL045-20
ORIGINATING APPLICATION NO/S:
BDL048-19
MATTER TYPE:
Appeals
DELIVERED ON:
22 June 2022
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Senior Member Brown
Senior Member TravesORDERS:
1. Leave to appeal is refused.
2. The appeal is dismissed.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL GENERAL PRINCIPLES – RIGHT OF APPEAL – NATURE OF RIGHT - SUBSTANTIVE RIGHT OR MATTER OF PROCEDURE - PROCEDURE – QUEENSLAND – HEARING OF APPEAL – NON-APPEARANCE OF PARTIES – where applicant asserted denial of procedural fairness on the basis that the proceedings were determined in the absence of the applicant’s appearance at the hearing - – where grounds of appeal raise questions of fact and questions of mixed law and fact – consideration of whether to grant leave to appeal
APPEAL AND NEW TRIAL – APPEAL GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – where tribunal found that building work was defective – whether evidence capable of supporting findings
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – consideration of ‘building work’ – whether construction of a cabin, in part at applicant’s premises and in part on site was building work – whether applicant was required to be licensed – where tribunal found applicant was not licensed and not entitled to undertake to perform building work or perform building work or receive remuneration for the performance of building work
Queensland Building and Construction Commission Act 1991 (Qld), s 42(1), s 42(3), s 42(4), s 42B, s 67WA, s 67WB(1)(b), s 67WC(1)(a), s 67WD(1)(a), s 67WE(1)(a), s 67WE(3), s 67WE(5)(b), s 75, Schedule 1A, s 8, s 8(1), s 8(2), Schedule 1B, s 1, s 4(1)(a), s 4(1)(c), s 4(2), s 4(8), s 4(10), s 7(1)(a), s 20(1)(a), s 21, s 22, s 23, Schedule 2
Queensland Building and Construction Commission Regulation 2018 (Qld), Sch 1, s 27
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 4, s 28, s 138, s 142(1), s 142(3)(b), s 146, s 147(1), s 147(2), s 147(3)
Bellgrove v Eldridge (1954) 90 CLR 613
Cachia v Grech [2009] NSWCA 232
Cook’s Construction Pty Ltd v SFS 007.298.633 Pty Ltd (formerly t/as Stork Food Systems Australasia Pty Ltd)[2009] QCA 75
Ericson v Queensland Building Services Authority [2013] QCA 391
Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388
Harrison & Anor v Meehan [2017] QCA 315
Marshall & Anor v Marshall[1999] 1 Qd R 173
McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577
Monadelphous Engineering Pty Ltd & Anor v Wiggins Island Coal Export Terminal Pty Ltd [2014] QCA 330
Morton Engineering Co P/L v Stork Wescon Aust P/L & Santos Ltd (1999) 15 BCL 192
Morton Engineering Co Pty Ltd v Stork Wescon Australia Pty Ltd [2000] 2 Qd R 148
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- Case
- [2022] QCATA 86
- Decision Date
CaseChat Overview and Summary
The court considered whether to grant leave to appeal, focusing on the nature of the right to appeal and the procedural fairness issue. Given that Samjam was self-represented and the QCAT's mandate to proceed in an accessible and economical manner, the court found it appropriate to consider all the arguments presented by Samjam. The court also addressed the substantive issues raised in the appeal regarding the QCAT's findings on the unlicensed nature of the building work, its defectiveness, and the appropriateness of the damages awarded.
After reviewing the arguments and evidence, the court determined that the QCAT's findings were supported by the evidence and that the procedural fairness issue did not warrant interference with the QCAT's decision. The court concluded that Samjam was not entitled to damages for unlicensed building work and that Mr Chapman was entitled to recover certain costs and fees related to the incomplete and defective work. Consequently, the appeal was dismissed, and leave to appeal was refused.
Orders
Orders of the court
1. Leave to appeal is refused.
2. The appeal is dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.