Skinner v FTP Contracting Pty Ltd & Anor (No 2)

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.