Sunstate Design & Construct Pty Ltd v Townview Holdings Pty Ltd

Sunstate Design & Construct Pty Ltd appealed against a decision of the Queensland Civil and Administrative Tribunal, which had ruled in favour of Townview Holdings Pty Ltd in a minor debt claim. The Tribunal had ordered Sunstate to pay Townview the prescribed amount of $25,000 plus interest. Townview had sought additional costs of $5,255, which the Tribunal did not award. The appeal was concerned with whether the Tribunal was restricted to awarding a sum not exceeding the prescribed amount.

The court considered whether the Tribunal had the discretion to award more than the prescribed amount in a minor debt claim, or if it was limited to the prescribed amount plus interest. The court needed to determine if the Tribunal had made an error in not awarding the additional $5,255 sought by Townview, or if it was bound by the statutory limit.

The court found that the Tribunal did not have the discretion to award more than the prescribed amount in a minor debt claim. The statutory framework did not provide for additional costs beyond the prescribed amount and interest. The court held that the Tribunal had correctly limited its award to the prescribed amount plus interest, and that the additional $5,255 was not recoverable under the statutory scheme. However, the court noted that the Tribunal had made an arithmetic error in calculating the interest, which resulted in an award of $30,255 instead of $25,255.

The court granted leave to appeal and allowed the appeal, setting aside the Tribunal’s order to the extent of substituting the correct sum of $25,255. The appeal was otherwise dismissed. The court’s final orders included granting leave to appeal, allowing the appeal in part, setting aside the Tribunal’s order to the correct amount, and dismissing the appeal in all other respects.