SUPREME COURT OF QUEENSLAND
CITATION:
Stuart v Queensland Building and Construction Commission [2017] QCA 115
PARTIES:
ANDREW JOHN STUART
(applicant)
v
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION
(respondent)FILE NO/S:
Appeal No 10844 of 2016
QCATA No 316 of 2014DIVISION:
Court of Appeal
PROCEEDING:
Application for Leave Queensland Civil and Administrative Tribunal Act
ORIGINATING COURT:
Queensland Civil and Administrative Tribunal at Brisbane – [2015] QCATA 81
DELIVERED ON:
2 June 2017
DELIVERED AT:
Brisbane
HEARING DATE:
12 April 2017
JUDGES:
Sofronoff P and Morrison JA and Applegarth J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Application refused.
2. No order as to costs.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – GENERALLY – where the applicant seeks leave to appeal against a decision of the Appeal Tribunal of the Queensland Civil and Administrative Tribunal dismissing an application for costs – where ss 149 and 150 of the Queensland Civil and Administrative Tribunal Act 2009 allow appeals against the “final decision” of the Tribunal – whether an order as to costs is a “final decision”
Civil Proceedings Act 2010 (Qld), s 10
District Court of Queensland Act 1967 (Qld), s 118B
Judicial Review Act 1991 (Qld), s 43
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 47, s 100, s 102, s 121, s 122, s 125, s 129, s 142, s 149, s 150
Supreme Court of Queensland Act 1991 (Qld), s 64Chandra v Queensland Building and Construction Commission[2014] QCA 335, distinguished
Goldberg v Morrow [2005] FCA 1038, distinguished
Miller v Lida Build Pty Ltd[2013] QCA 332, explained
Re Skinner’s and Smith’s Application (1982) 45 ALR 553; [1982] FCA 254, distinguishedCOUNSEL:
B E Codd, with L W V Judd, for the applicant
G I Thomson, with K McAuliffe-Lake, for the respondentSOLICITORS:
Murdoch Lawyers for the applicant
Holding Redlich for the respondent
SOFRONOFF P: This is an application for leave to appeal against a decision of the Appeal Tribunal of the Queensland Civil and Administrative Tribunal dismissing an application for costs.
The applicant had been a builder engaged pursuant to a written contract with the owners of a house to complete its construction. A dispute arose between the applicant and the owners who then made a complaint to the Queensland Building Services Authority. The owners purported to terminate the contract pursuant to s 90 of the Domestic Buildings Contracts Act 2000; for his part, the applicant purported to suspend the contract. The Authority determined that the owners had validly terminated the contract for the applicant’s default and directed the applicant to perform rectification works. This triggered a potential liability in the applicant to reimburse the Authority for moneys paid by it in respect of the rectification works pursuant to a statutory insurance scheme created by the Queensland Building Services Authority Act 1991.
The applicant sought a review…
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- Case
- [2017] QCA 115
- Decision Date
CaseChat Overview and Summary
The Court of Appeal examined the statutory language and found that section 150 of the Act specifies that appeals to the Court of Appeal from decisions of the Appeal Tribunal are limited to three matters: decisions to refuse an application for leave to appeal, cost-amount decisions, and the final decision. The court further clarified that even in these cases, an appeal can only be made on a question of law and with the leave of the Court. The court concluded that the decision dismissing the application for costs is not a "final decision" as defined in the Act. The definition of "final decision" was interpreted to mean the Tribunal’s decision that "finally decides the matters the subject of the proceeding," which, in the context of the Appeal Tribunal, would not include a costs order made when allowing or dismissing an appeal. Consequently, the court found that the applicant did not have the right to appeal the Appeal Tribunal's decision.
In light of the above, the Court of Appeal refused the application for leave to appeal. The court did not grant any order as to costs, thereby concluding that the Appeal Tribunal's decision dismissing the application for costs was not subject to further appeal under the provisions of the Act.
Orders
Orders of the court
1. Application refused.
2. No order as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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