An appeal to the Court of Appeal under s 150(3)(a) of the QCAT Act is confined to pure questions of law only and does not extend to mixed questions of fact and law. The broader approach in Haritos v Commissioner of Taxation to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) does not apply to s 150 appeals, because the statutory context of the QCAT Act — including the contrast with ss 142(3)(b) and 149(3)(b) which expressly permit mixed questions, and s 153(1) which refers to 'a question of law only' — demonstrates a legislative policy to confine s 150 appeals to pure questions of law. Whether practical completion has been reached under a building contract is a question of fact, not a question of law. The question whether the doctrine of substantial performance applies to contracts governed by s 67 of the Domestic Building Contracts Act 2000 (Qld) was expressly left open.
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