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Queensland Judgments
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  • Unreported Judgment

Rutledge v Johnson

 

[2016] QCAT 202

CITATION:

Rutledge v Johnson [2016] QCAT 202

PARTIES:

Stephen Rutledge

(Applicant)

v

Adam Michael Johnson

(Respondent)

APPLICATION NUMBER:

MCDO181-16

MATTER TYPE:

Other minor civil dispute matters

HEARING DATE:

3 May 2016

HEARD AT:

Brisbane

DECISION OF:

Adjudicator Anna Walsh

DELIVERED ON:

21 June 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

  1. Application dismissed for lack of jurisdiction.

CATCHWORDS:

Consumer dispute

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 12, Schedule 3

APPEARANCES:

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

  1. [1]
    On 2 February 2016 Stephen Rutledge filed an application for minor civil dispute – consumer dispute against Mr Adam Michael Johnson.
  2. [2]
    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.
  3. [3]
    On 7 April 2016 the Respondent applied for an order for dismissal on jurisdictional grounds.
  4. [4]
    The file was passed to me and after considering the application, I made an order dismissing the application for lack of jurisdiction.
  5. [5]
    The Applicant has requested reasons for that decision.
  6. [6]
    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.
  7. [7]
    The property was purchased by Mr Rutledge from Mr Johnson in February 2011.
  8. [8]
    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.
  9. [9]
    According to Mr Rutledge the wall failed in 2015 and he requires Mr Johnson to pay the costs of its replacement.
  10. [10]
    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.
  11. [11]
    Relevantly, subsection 4 says:
  1. (4)
    In this section—

relevant person means—

  1. (b)
    subject to paragraphs (c) to (g), for a claim arising out of a contract between a consumer and a trader—the consumer;…
  1. [12]
    Trader is defined in Schedule 3 of the QCAT Act.

trader

1 A trader

  1. (a)
    means a person who in trade or commerce—
  1. (i)
    carries on a business of supplying goods or providing services; or
  1. (ii)
    regularly holds himself, herself or itself out as ready to supply goods or to provide services of a similar nature;…
  1. [13]
    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.
  2. [14]
    Neither is the claim one for a debt or liquidated demand that could be determined by the Tribunal as a minor debt claim.
  3. [15]
    The tribunal lacks jurisdiction to determine the dispute and the Application was dismissed.
Close

Editorial Notes

  • Published Case Name:

    Rutledge v Johnson

  • Shortened Case Name:

    Rutledge v Johnson

  • MNC:

    [2016] QCAT 202

  • Court:

    QCAT

  • Judge(s):

    Adjudicator Walsh

  • Date:

    21 Jun 2016

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.
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