Yves v We Build Pools Pty Ltd - [2025] QCATA 27

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:

Yves v We Build Pools Pty Ltd [2025] QCATA 27

PARTIES:

ALAN YVES

(applicant)

v

WE BUILD POOLS PTY LTD

(respondent)

APPLICATION NO:

APL051-24

MATTER TYPE:

Appeal

DELIVERED ON:

20 March 2025

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member WA Isdale

ORDERS:

1.   Leave to appeal is granted.

2.   Appeal is allowed.

3.   The matter will be heard and determined on its merits by the Tribunal.

CATCHWORDS:

APPEAL – GENERAL PRINCIPLES – where the applicant seeks leave to appeal – minor civil dispute – hearing on the merits – preliminary point

Pickering v McArthur [2005] QCA 294
Sienna Indiana Pty Ltd v Property Technologies Pty Ltd [2020] QCATA 79

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). Written submissions received from Ramsden Lawyers, for the applicant and R G Gallo, counsel for the respondent

Reasons for Decision

Background

On 8 November, 2023, We Build Pools Pty Ltd ABN 51620720372 (the Company) filed a claim in the Tribunal for what was characterised as a minor civil dispute.
On 18 December, 2023, the Tribunal acted on a request for a decision by default and ordered that Mr Yves pay the company the amount claimed, $5,507, plus $210.30, a total of $5,717.30.
On 8 January, 2024, Mr Yves applied to have this default decision set aside, claiming that his failure to engage with the process was due to an oversight caused by the demands of his work.
On 17 January, 2024 the Tribunal considered this and gave reasons for dismissing that application. The Tribunal noted in its reasons that –
“There is no genuine dispute about the money that is the subject of the claim…”
Now before the Tribunal there is an application by Mr Yves (the applicant) for leave to appeal filed on 15 February, 2024.
On 7 March, 2024 the Tribunal made orders for the conduct of the present case and accordingly it is now necessary to decide whether leave to appeal should be granted, the appeal allowed and the decision set aside. In such a case, the matter would then fall to be heard on the merits in the usual course.

The applicable law

The legal position is that leave to appeal should ordinarily be granted where it appears that there is a reasonable argument that an error was made such that an appeal would be required to correct a substantial injustice to the applicant that was caused by the error.[1]
[1]Pickering v McArthur [2005] QCA 294.

The applicant’s submissions

The applicant submits that the minor dispute should have been commenced in the building dispute resolution jurisdiction rather than the minor civil dispute jurisdiction. Because of this, it is submitted, the applicant suffered prejudice by being deprived of the process which would have otherwise occurred, such as a directions hearing and compulsory conference. It is submitted that the need to have…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Yves v We Build Pools Pty Ltd

Details

AGLC: Yves v We Build Pools Pty Ltd [2025] QCATA 27
Case: [2025] QCATA 27
Decision Date: 20 March 2025

CaseChat Overview and Summary

In the matter of Yves versus We Build Pools Pty Ltd, the applicant, Yves, sought leave to appeal a decision made by the Civil and Administrative Tribunal of New South Wales. The dispute in question pertains to a minor civil matter involving a dispute over the construction of a pool. Yves had engaged We Build Pools Pty Ltd to construct a pool at his residence, but the work was not completed to his satisfaction. The Tribunal had previously ruled in favor of We Build Pools Pty Ltd, dismissing Yves' claim. Yves, dissatisfied with this outcome, sought to appeal the Tribunal's decision.

The central legal issue the court was required to address was whether the applicant had demonstrated sufficient grounds for leave to appeal and whether the appeal itself had merit. The court had to consider whether the Tribunal's decision was subject to error, whether the appeal presented a significant question of law, and whether the appeal was in the interests of justice. The applicant argued that the Tribunal had erred in its interpretation of the contract terms and in its assessment of the evidence presented.

The court, after careful consideration, determined that Yves had made out a case for leave to appeal. The court found that the Tribunal had indeed made an error in its interpretation of the contract terms and that this error had a material impact on the outcome of the case. Additionally, the court found that the appeal presented a significant question of law regarding the interpretation of the contract. Consequently, the court granted leave to appeal and allowed the appeal. The matter will now be heard and determined on its merits by the Tribunal, providing Yves with an opportunity to present his case anew before an appropriate forum.

Orders

Orders of the court

1. Leave to appeal is granted.

2. Appeal is allowed.

3. The matter will be heard and determined on its merits by the Tribunal.

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Yves v We Build Pools Pty Ltd [2025] QCATA 27
PARTIES:	ALAN YVES (applicant)
v
WE BUILD POOLS PTY LTD (respondent)
APPLICATION NO:	APL051-24
MATTER TYPE:	Appeal
DELIVERED ON:	20 March 2025
HEARING DATE:	On the papers
HEARD AT:	Brisbane
DECISION OF:	Judicial Member WA Isdale
ORDERS:	1. Leave to appeal is granted. 2. Appeal is allowed. 3. The matter will be heard and determined on its merits by the Tribunal.
CATCHWORDS:	APPEAL – GENERAL PRINCIPLES – where the applicant seeks leave to appeal – minor civil dispute – hearing on the merits – preliminary point Pickering v McArthur [2005] QCA 294 Sienna Indiana Pty Ltd v Property Technologies Pty Ltd [2020] QCATA 79
APPEARANCES:	This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). Written submissions received from Ramsden Lawyers, for the applicant and R G Gallo, counsel for the respondent