ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where an application to dismiss the proceeding is made, the power under s 47 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act) should only be exercised if it is clear beyond doubt that the claim is lacking in substance and is not arguable – where the applicant has an arguable case in negligence, the power to dismiss the proceedings should not be exercised.

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – OTHER MATTERS – where an action for breach of contract was brought in 2021 – where the Tribunal finds that the breach occurred in 2010 and the cause of action accrued in 2010, the action is time barred – section 10(1)(a) of the Limitation of Actions Act 1974 (Qld) applies.

TORTS – NEGLIGENCE – DUTY OF CARE: EXISTENCE – GENERALLY AT COMMON LAW – whether a concurrent duty of care in tort is owed by a building contractor to a building owner where the parties are in a contractual relationship relating to the performance of domestic building work.

Grant v Russell [2022] QCAT 68 (03 March 2022)