Skinner v FTP Contracting Pty Ltd & Anor (No 2) - [2020] QCATA 12

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Skinner v FTP Contracting Pty Ltd & Anor (No 2) [2020] QCATA 12

PARTIES: MATTHEW SKINNER

(appellant)

v

FTP CONTRACTING PTY LTD
and
MATTHEW COATES

(respondents)

APPLICATION NO/S:

APL119-19

ORIGINATING APPLICATION NO/S:

MCDO 50102/19 (Southport)

MATTER TYPE:

Appeals

DELIVERED ON:

23 January 2020

HEARING DATE:

8 November 2019

HEARD AT:

Brisbane

DECISION OF:

Member Gordon

ORDERS:
1. The decision made on 24 April 2019 in application MCDO 50102/19 (Southport) is corrected pursuant to section 135 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) as follows:

‘1.    Matthew Coates to be added as a second applicant.

2.    Matthew Skinner to pay Matthew Coates $4877.23 within 21 days.’

2.   Leave to appeal is granted.

3. On a rehearing under section 147 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) the decision made on 24 April 2019 in application MCDO 50102/19 (Southport) is set aside, and the application is dismissed for lack of jurisdiction.

CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – OTHER MATTERS – where the panel found that a contract existed for work which did not require a licence – where an appeal was brought against those findings – where in an appeal hearing it appeared that the panel’s findings were probably incorrect – whether leave to appeal should be given resulting in a rehearing

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – restrictions on the minor civil disputes jurisdiction of the tribunal – whether the tribunal has jurisdiction to deal with a minor civil disputes on a quantum meruit – whether the claim is a building dispute and if so whether the pre-action QBCC conciliation has taken place – whether the tribunal has jurisdiction to deal with a building dispute as a minor civil dispute if it is a claim to recover a debt or a liquidated demand of money

CONTRACT – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – MATTERS NOT GIVING RISE TO BINDING CONTRACT – vagueness and uncertainty – agreements not intended to create legal relations – where work done at house but no written contract, no agreed remuneration, and other uncertainties – where parties had reasons other than an ordinary commercial transaction for the work to be done – whether a contract was entered into

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 135, s 142, s 146, s 147

Queensland Building and Construction Commission Act 1991 (Qld), s 42, s 77

Queensland Building and Construction Commission Regulation 2003 (Qld), s 5, s 2, Schedule 1AA

Ericson v Queensland Building Services Authority [2013] QCA 391

Frost Constructions Pty Ltd v Zoja Pty Ltd [2015] QCATA 24

Harrison & Anor v Meehan [2017] QCA 315

APPEARANCES & REPRESENTATION:

Appellant:

G D Robson, principal of North Law Solicitors

Respondent:

Self-represented

REASONS FOR DECISION

This application started life as one brought in the minor civil disputes jurisdiction of the tribunal by FTP Contracting…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2020] QCATA 12
Decision Date: 23 January 2020

CaseChat Overview and Summary

The case of Skinner v FTP Contracting Pty Ltd & Anor (No 2) was heard before the Queensland Civil and Administrative Tribunal (QCAT). The dispute arose from an action for recovery of monies owed for work done on a residential property. The original decision found that a contract existed for the work, which did not require a licence, and ordered the defendant to pay the plaintiff. The plaintiff appealed against this decision, asserting that the QCAT panel's findings were likely incorrect.

The central legal issues in the appeal were whether QCAT had jurisdiction to hear the case as a minor civil dispute under the Queensland Civil and Administrative Tribunal Act 2009 (Qld) and whether a binding contract existed between the parties. The appeal also examined whether the claim was a building dispute and if the pre-action QBCC conciliation had taken place, which are jurisdictional prerequisites for such disputes. Additionally, the appeal considered whether QCAT had the authority to hear a building dispute as a minor civil dispute if the claim was to recover a debt or a liquidated sum of money.

The appeal panel found that the original QCAT decision contained errors of law and fact, particularly regarding the existence of a binding contract. The panel concluded that the work done did not result from a binding contract due to the absence of written agreement, agreed remuneration, and other uncertainties. The panel also determined that QCAT lacked jurisdiction to hear the matter as a minor civil dispute since the claim was essentially a building dispute without the required pre-action QBCC conciliation. Consequently, the appeal was allowed, and the original decision was set aside.

The final orders included correcting the original decision to add Matthew Coates as a second applicant, requiring Matthew Skinner to pay Matthew Coates $4877.23 within 21 days, granting leave to appeal, and setting aside the original decision for lack of jurisdiction on rehearing.

Orders

Orders of the court

1. The decision made on 24 April 2019 in application MCDO 50102/19 (Southport) is corrected pursuant to section 135 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) as follows:

‘1. Matthew Coates to be added as a second applicant.

2. Matthew Skinner to pay Matthew Coates $4877.23 within 21 days.’

2. Leave to appeal is granted.

3. On a rehearing under section 147 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) the decision made on 24 April 2019 in application MCDO 50102/19 (Southport) is set aside, and the application is dismissed for lack of jurisdiction.

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Skinner v FTP Contracting Pty Ltd & Anor (No 2) [2020] QCATA 12
PARTIES:	MATTHEW SKINNER
(appellant)
v
FTP CONTRACTING PTY LTD and MATTHEW COATES
(respondents)
APPLICATION NO/S:	APL119-19
ORIGINATING APPLICATION NO/S:	MCDO 50102/19 (Southport)
MATTER TYPE:	Appeals
DELIVERED ON:	23 January 2020
HEARING DATE:	8 November 2019
HEARD AT:	Brisbane
DECISION OF:	Member Gordon
ORDERS:	1. The decision made on 24 April 2019 in application MCDO 50102/19 (Southport) is corrected pursuant to section 135 of the *Queensland Civil and Administrative Tribunal Act* 2009 (Qld) as follows: ‘1. Matthew Coates to be added as a second applicant. 2. Matthew Skinner to pay Matthew Coates $4877.23 within 21 days.’ 2. Leave to appeal is granted. 3. On a rehearing under section 147 of the *Queensland Civil and Administrative Tribunal Act* 2009 (Qld) the decision made on 24 April 2019 in application MCDO 50102/19 (Southport) is set aside, and the application is dismissed for lack of jurisdiction.
CATCHWORDS:	APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – OTHER MATTERS – where the panel found that a contract existed for work which did not require a licence – where an appeal was brought against those findings – where in an appeal hearing it appeared that the panel’s findings were probably incorrect – whether leave to appeal should be given resulting in a rehearing ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – restrictions on the minor civil disputes jurisdiction of the tribunal – whether the tribunal has jurisdiction to deal with a minor civil disputes on a quantum meruit – whether the claim is a building dispute and if so whether the pre-action QBCC conciliation has taken place – whether the tribunal has jurisdiction to deal with a building dispute as a minor civil dispute if it is a claim to recover a debt or a liquidated demand of money CONTRACT – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – MATTERS NOT GIVING RISE TO BINDING CONTRACT – vagueness and uncertainty – agreements not intended to create legal relations – where work done at house but no written contract, no agreed remuneration, and other uncertainties – where parties had reasons other than an ordinary commercial transaction for the work to be done – whether a contract was entered into Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 135, s 142, s 146, s 147 Queensland Building and Construction Commission Act 1991 (Qld), s 42, s 77 Queensland Building and Construction Commission Regulation 2003 (Qld), s 5, s 2, Schedule 1AA Ericson v Queensland Building Services Authority [2013] QCA 391 Frost Constructions Pty Ltd v Zoja Pty Ltd [2015] QCATA 24 Harrison & Anor v Meehan [2017] QCA 315
APPEARANCES & REPRESENTATION:
Appellant:	G D Robson, principal of North Law Solicitors
Respondent:	Self-represented