QLD Does Ashun Estopple apply?

[Martin Lawrence]

Hello, we signed a contract with Stroud Homes and following that our house build was a catalogue of mistakes and incompetence. We have laboured through the QBCC procedures which proved to be a complete waste of time then moved onto redress with QCAT which took a further 12 months from application to judgement. We applied to QCAT, only concerning contractual matters, and made no refence to the abysmal standard of building. Having now proved the incompetence of Stroud Homes in QCAT on these contractual ‘mistakes’, we now wish to apply for a decision on bringing the house up to the aesthetical standard promised by the builder at conception. We have read about a stated case “Ashun Estopple” and wanted your opinion as to whether QCAT or the builder could use this to derail our second application? As already stated the first application was contractual, the second application concerns construction. Thank you

 

[Rod]

whether QCAT or the builder could use this to derail our second application?

Not entirely sure.

QCAT is not a court and cannot use Anshun estoppel per se. This issue is whether there is something equivalent in the QCAT Act and as I'm not in QLD I have no idea.

Also depending on the type and size of claim you may be outside the jurisdiction of QCAT and may need to go to court.

Suspect your first port of call is QBCC again.

 

[Martin Lawrence]

Not entirely sure.

QCAT is not a court and cannot use Anshun estoppel per se. This issue is whether there is something equivalent in the QCAT Act and as I'm not in QLD I have no idea.

Also depending on the type and size of claim you may be outside the jurisdiction of QCAT and may need to go to court.

Suspect your first port of call is QBCC again.

Thanks Rod, appreciate your time replying