Temujain Movva v Hallmark Homes Pty Ltd

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QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

Temujain Movva v Hallmark Homes Pty Ltd [2025] QCATA 81

PARTIES:

TEMUJAIN MOVVA

(applicant/appellant)

v

HALLMARK HOMES PTY LTD

(respondent)

APPLICATION NO/S:

APL330-23

ORIGINATING APPLICATION NO/S:


BDL005-21

MATTER TYPE:

Appeals

DELIVERED ON:

23 September 2025

HEARING DATE:

20 August 2025

HEARD AT:

Brisbane

DECISION OF:

Senior Member Brown

ORDERS:

1.     Leave to appeal is refused.

2.     The appeal is dismissed.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where respondent constructed a new home for the appellant including a concrete driveway and footpaths – where appellant alleged defective building work – where appellant appealed on basis that tribunal erred in construing contract, in making findings of fact, and in failing to afford the appellant procedural fairness – where contract provided that notes, headings, and side notes did not form part of contract – whether ‘note’ in building schedule confined to acknowledging the contents of a clause was a ‘general note’ or a ‘side note’– where it was open to the decision-maker to find the concrete aggregate supplied was compliant with contract specifications – where the tribunal preferred evidence of one expert over others – where appellant did not call experts to give evidence including about particular reference documents – where concrete aggregate compliant with Australian Standards – where tribunal considered all evidence

Queensland Civil and Administrative Tribunal Act2009 (Qld), s 142, s 146, s 147

Cachia v Grech [2009] NSWCA 232
Ericson v Queensland Building Services Authority [2013] QCA 391
Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388
McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577

QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented

Respondent:

Self-represented

REASONS FOR DECISION

  1. This is an appeal from a decision of the Tribunal about a building dispute.

  2. Hallmark built a home for Mr Movva. The building work included an exposed aggregate concrete driveway and pathways. Mr Movva said that the concreting work undertaken by Hallmark is defective and does not conform with the building contract. Mr Movva says that the exposed concrete aggregate cannot be walked upon with bare feet as the aggregate particles are too sharp and exposed.

  3. Mr Movva commenced a proceeding in the Tribunal claiming damages for breach of contract. The Tribunal dismissed Mr Movva’s application. Mr Movva appeals the decision.

The grounds of appeal and the statutory framework relevant to appeals

  1. The grounds of appeal are expressed very broadly in the application for leave to appeal or appeal. The grounds are expanded upon considerably in Mr Movva’s appeal submissions. The grounds of appeal were further clarified at the appeal hearing and may be grouped as follows:

    (a)Error by the learned member in construing the contract;

    (b)Error by the learned member in making findings of fact;

    (c)Error by the learned member in failing to afford Mr Movva…

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Details
Case
[2025] QCATA 81
Decision Date

CaseChat Overview and Summary

Temujain Movva sought to appeal against a decision of the Civil and Administrative Tribunal of New South Wales (NCAT) concerning the quality of building work done on his new home by Hallmark Homes Pty Ltd. Movva alleged that the construction of the concrete driveway and footpaths was defective. The NCAT found in favour of Hallmark Homes, concluding that the concrete aggregate used was compliant with the contractual specifications.

The primary legal issues for the court were whether the NCAT erred in its interpretation of the contract, in its findings of fact, and whether it failed to provide procedural fairness to Movva. The court needed to determine whether certain notes in the building schedule were to be considered part of the contract, whether the NCAT correctly assessed the evidence of expert witnesses, and whether Movva's procedural rights were upheld during the proceedings.

The court examined the contract's terms and found that the notes in question did not form part of the enforceable agreement. The court affirmed that it was within the NCAT's discretion to accept the evidence of one expert over others, particularly as Movva did not present countervailing expert evidence on specific documents. The court also found that the NCAT had considered all the evidence presented and had not denied Movva procedural fairness. Consequently, the court held that the NCAT's decision was legally sound, and Movva's appeal was without merit.

The court made two orders. Firstly, leave to appeal was refused, and secondly, the appeal was dismissed. The NCAT's decision stood affirmed, and Movva was not granted the opportunity to appeal further.

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

There was no error by the learned member. Conclusion Mr Movva has failed to establish error by the learned member. Leave to appeal is refused. The appeal is dismissed.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.