Wilder Constructions (Qld) Pty Ltd v Rockcote Enterprises Pty Ltd

[2012] QCAT 470

CITATION: Wilder Constructions (QLD) Pty Ltd v Rockcote Enterprises Pty Ltd [2012] QCAT 470

PARTIES:	Wilder Constructions (QLD) Pty Ltd
v
Rockcote Enterprises Pty Ltd

APPLICATION NUMBER: BDL278-12

MATTER TYPE: Building matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Peta Stilgoe, Senior Member

DELIVERED ON: 27 September 2012

DELIVERED AT: Brisbane

ORDERS MADE:     1.    The application is dismissed.

CATCHWORDS:

MAJOR COMMERCIAL DISPUTE – where no consent by respondent

Queensland Building Services Authority Act 1991, ss 78, 79(1), Schedule 2

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. Wilder Constructions (QLD) Pty Ltd has filed an application for a commercial building dispute.  It claims $121,000 from Rockcote Enterprises Pty Ltd for the rectification of defective work.

2. Because of the amount of the claim, this is a major commercial dispute[1].  The tribunal may only decide a major commercial dispute if it is satisfied that all parties to the dispute consent to the tribunal’s jurisdiction[2].  An application to start a proceeding for a major commercial dispute must be accompanied by the written consent of all parties to the dispute[3].

   [1] Schedule 2 Queensland Building Services Authority Act 1991.

   [2] Section 78 QBSA Act.

   [3] Section 79(1) QBSA Act.

3. Wilder has filed a consent notice but Rockcote has not signed it.  Accordingly, Rockcote has not consented to the tribunal having the conduct of the matter.  The tribunal has no jurisdiction to hear the dispute and the application must be dismissed.