Thompson and Anor v Jedanhay Pty Ltd

The appeal was brought by the respondents, Thompson and Anor, against the decision of the Queensland Civil and Administrative Tribunal (QCAT). The respondents sought to challenge the Tribunal’s decision that the appellants, Jedanhay Pty Ltd, had breached the contract specifications in the construction of a residential property. The dispute centred on the appellant’s failure to adhere to the agreed specifications, the cost of rectifying the issues, and the overall damages claimed by the respondents. The appeal was heard by the Queensland Court of Appeal.

The central legal issues revolved around whether the Tribunal had the authority to reject oral evidence presented at the hearing, the role of experts in QCAT proceedings, and the assessment of damages for the alleged breach of contract specifications. The respondents argued that the Tribunal's refusal to consider oral evidence was a failure in procedural fairness, while the appellants contended that the Tribunal correctly applied the relevant laws and procedures. Additionally, the respondents challenged the Tribunal's assessment of the damages for the breach of contract specifications and the costs associated with rectifying the issues.

The Court of Appeal found that the Tribunal had correctly exercised its discretion in refusing to consider oral evidence, as the proceedings were governed by specific procedural rules that did not require expert testimony. The Court emphasised that the Tribunal was not obliged to rely on expert evidence to decide the issues before it. The Court further held that the Tribunal had adequately assessed the damages for the breach of contract specifications, considering the reasonableness of the costs claimed by the respondents. The appeal was dismissed, and the decision of the Tribunal was upheld.

The Court of Appeal refused the appeal and affirmed the decision of the Tribunal. The parties were ordered to bear their own costs of the appeal.