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- Unreported Judgment
Rutledge v Johnson  QCAT 202
Adam Michael Johnson
Other minor civil dispute matters
3 May 2016
Adjudicator Anna Walsh
21 June 2016
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 12, Schedule 3
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
REASONS FOR DECISION
- On 2 February 2016 Stephen Rutledge filed an application for minor civil dispute – consumer dispute against Mr Adam Michael Johnson.
- On 15 February 2016 a direction was made that the parties provide submissions to the tribunal within 21 days as to why the application ought not be dismissed for lack of jurisdiction.
- On 7 April 2016 the Respondent applied for an order for dismissal on jurisdictional grounds.
- The file was passed to me and after considering the application, I made an order dismissing the application for lack of jurisdiction.
- The Applicant has requested reasons for that decision.
- Mr Rutledge has applied for an order that Mr Johnson pay him a sum of $21,427.40 being the costs to replace a retaining wall at Mr Rutledge’s property in Manly.
- The property was purchased by Mr Rutledge from Mr Johnson in February 2011.
- The retaining wall was built by Mr Johnson sometime in late 2010 or early 2011 after final certification and in his capacity as an owner occupier of the property.
- According to Mr Rutledge the wall failed in 2015 and he requires Mr Johnson to pay the costs of its replacement.
- Section 12 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) gives QCAT jurisdiction to exercise its jurisdiction for minor civil disputes if a relevant person applies to the tribunal to deal with the dispute.
- Relevantly, subsection 4 says:
- (4)In this section—
relevant person means—
- (b)subject to paragraphs (c) to (g), for a claim arising out of a contract between a consumer and a trader—the consumer;…
- Trader is defined in Schedule 3 of the QCAT Act.
1 A trader—
- (a)means a person who in trade or commerce—
- (i)carries on a business of supplying goods or providing services; or
- (ii)regularly holds himself, herself or itself out as ready to supply goods or to provide services of a similar nature;…
- Mr Johnson was a homeowner, not a trader as defined in the QCAT Act and the tribunal has no jurisdiction to deal with this Application filed as a consumer dispute.
- Neither is the claim one for a debt or liquidated demand that could be determined by the Tribunal as a minor debt claim.
- The tribunal lacks jurisdiction to determine the dispute and the Application was dismissed.
- Published Case Name:
Rutledge v Johnson
- Shortened Case Name:
Rutledge v Johnson
 QCAT 202
21 Jun 2016