Todd v Lennon-Muscat

[2025] QCATA 93

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Todd v Lennon-Muscat & Anor [2025] QCATA 93

PARTIES:

MARK JAMES TODD

(applicant/appellant)

v

PAUL LENNON-MUSCAT

(respondent)

CHRISTOPHER HICKMAN

(respondent)

APPLICATION NO/S:

APL309-23

ORIGINATING APPLICATION NO/S:

BDL265-21

MATTER TYPE:

Appeals

DELIVERED ON:

21 October 2025

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Brown

ORDERS:

1.     Leave to appeal is granted;

2.     The appeal is allowed;

3.     The decision of the Tribunal dated 28 August 2023 is varied as follows:

Order 1 is set aside and in lieu thereof it is ordered that Paul Lennon-Muscat must pay Mark James Todd the sum of $39,761.77 within 14 days of the date of this decision. 

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – WHAT IS – GENERALLY – question of law – whether tribunal erred in assessing appellant’s entitlement to damages – original claim against second respondent dismissed on basis of no contractual relationship and no duty of care owed – where tribunal found second respondent had not received payment directly from appellant and whether this precluded order for repayment in circumstances where second respondent not licenced to undertake building work – errors of fact – claim for rectification work confined to cost of removal of defective work – error in interpretation of s 42 of Queensland Building and Construction Commission Act 1991 (Qld) – appeal on question of mixed law and fact – rehearing

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – PERFORMANCE OF WORK – GENERAL – appellant paid first respondent to perform building work – appellant subsequently became aware respondents were unlicenced to perform building work under Queensland Building and Construction Commission Act 1991 (Qld) – first respondent refused to repay deposit – appellant claimed against each respondent for repayment of monies paid, rectification and costs – claim against first respondent allowed – claim against second respondent dismissed

Civil Liability Act 2003 (Qld), s 9, s 11
Queensland Building and Construction Commission Act1991 (Qld), s 42
Queensland Building and Construction Commission Regulation 2018 (Qld), s 54

Queensland Civil and Administrative Tribunal Act2009 (Qld), s 142(1), 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
Greer & Anor v Mt Cotton Constructions Pty Ltd [2018] QCATA 196
Harrison and Anor v Meehan [2016] QCATA 197
Harrison v Meehan [2017] QCA 315
James v Tottman (No.2) [2022] QCATA 10
Marshall v Marshall [1999] 1 Qd R 173
McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577
M.Todd v Muscat & Hasan Construction Pty Ltd & Ors [2023] QCAT 332

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

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal…