Wickson v Hunter Builders Pty Ltd

Case [2019] QCATA 154

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

Wickson v Hunter Builders Pty Ltd [2019] QCATA 154
PARTIES: NICHOLAS WICKSON

(applicant/appellant)

v
HUNTER BUILDERS PTY LTD

(respondent)

APPLICATION NO/S:

APL259-18

ORIGINATING APPLICATION NO/S:

Cleveland MCDO0100-18

MATTER TYPE:

Appeals

DELIVERED ON:

13 November 2019

HEARING DATE:

1 November 2019

HEARD AT:

Brisbane

DECISION OF:

Member J R Forbes
ORDERS:

1.   The application for leave to appeal is refused.

2.   The application for miscellaneous matters is dismissed.
CATCHWORDS:

APPEAL – LEAVE TO APPEAL – MINOR CIVIL DISPUTE – CONTRACT – principles of contract -privity - where applicant sought joinder of a second respondent – where order for joinder refused – where proposed new party not party to contract – where agreement not specifically for proposed new party – application for leave to appeal primary decision – where no reasonable prospect of successful appeal – where application for leave refused

MINOR CIVIL DISPUTE (DEBT) – where respondent has cross-claim – where counterclaim may not be filed in a minor civil dispute (debt) – where respondent seeks transfer of applicant’s proceedings to building list - whether compliance by original applicant with section 77 of Queensland Building and Construction Commission Act 1991 (Qld) – where originating process not compliant with s 77 – whether separate proceedings for proposed counterclaim preferable

Queensland Building and Construction Commission Act 1991 (Qld) s 67AZN, s 77, Schedule 1B s 3
Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 92, s 93, s 142(3)

Queensland Civil and Administrative Tribunal Rules 2009 (Qld)  reg 48(3)

FV Rentals t/as Forbes Realty Rentals v Anderson [2014] QCATA 181
LKB Holdings Pty Ltd v Gacayn [2019] QCATA 13
Newcastle Entertainment Security Pty Limited v Simpson [1999] Aust Torts Reps 81-528; [1999] NSWCA 351
Pickering v McArthur [2005] QCA 294
Price v Easton (1833) 4 B & Ad 433; 110 ER 518
Tinney v Allen [2019] QCATA 116
Trident General Insurance Co Ltd v McNeice Brothers Pty Ltd (1998) 165 CLR 107
Vandepitte v Preferred Accident Insurance Corporation of New York [1933] AC 70
Wilson v Darling Island Stevedoring and Lighterage Co Ltd (1956) 95 CLR 43

Wilson & Anor v LP & MJ Pty Ltd [2019] QCATA 82

APPEARANCES & REPRESENTATION:

Applicant:

In person

Respondent:

No appearance

REASONS FOR DECISION

  1. This case in the appeals tribunal combines two distinct applications by Nicholas Wickson (`Wickson’) against Hunter builders Pty Ltd (`Hunter’): First, an application for leave to appeal against refusal of an order for joinder, and second, an original application to transfer Hunter’s present minor civil dispute (debt) to the domestic building list.

The application for leave to appeal

  1. On 22 August 2018 Wickson sought an order that his wife, Laura Justine Fell (`Fell’) be joined as co-respondent to the minor civil claim initiated by Hunter on 19 July 2018. We are not now concerned with the merits of Hunter’s claim. Wickson’s application for joinder was refused on 19 July 2018. He now seeks leave to appeal[1] against that decision.

    [1]As prescribed by QCAT Act s…

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Details
AGLC
Wickson v Hunter Builders Pty Ltd [2019] QCATA 154
Case
[2019] QCATA 154
Decision Date

CaseChat Overview and Summary

In the matter of Wickson v Hunter Builders Pty Ltd, the respondent, Hunter Builders Pty Ltd, sought to join a second respondent to the proceedings, which was refused by the lower court. The applicant, Wickson, sought leave to appeal the primary decision, arguing that the lower court should have allowed the joinder of the additional party, who was not a party to the original contract and the agreement was not specifically for them. The court was tasked with determining whether the lower court's refusal of the joinder was correct and whether there was a reasonable prospect of success on appeal.

The court considered the principles of contract law, particularly the doctrine of privity, which dictates that a contract cannot confer rights or impose obligations on anyone except the parties to it. The court found that the proposed new party was not a party to the contract and the agreement was not specifically for them. Therefore, the lower court's decision to refuse the joinder was correct. Furthermore, the court found that there was no reasonable prospect of success on appeal, as the applicant had not demonstrated that the lower court's decision was wrong.

Consequently, the court refused the application for leave to appeal the primary decision. The court also dismissed the applicant's application for miscellaneous matters, including the respondent's cross-claim, which may not be filed in a minor civil dispute (debt). Additionally, the court found that the respondent's application to transfer the applicant's proceedings to the building list was not appropriate as the applicant had not complied with section 77 of the Queensland Building and Construction Commission Act 1991 (Qld). The court determined that separate proceedings for the proposed counterclaim would be preferable.

The court's final orders were that the application for leave to appeal was refused, and the application for miscellaneous matters was dismissed. The court's decision highlights the importance of adhering to the principles of contract law and the need for compliance with relevant legislation.

Orders

Orders of the court

1. The application for leave to appeal is refused.

2. The application for miscellaneous matters is dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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