Monsour v C & R Darvill Pty Ltd

[2026] QCA 3

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Appeal
2. › Right of appeal
3. › When appeal lies
4. › Error of law
5. › Distinction between question of law and question of fact
6. › Appeal from QCAT Appeal Tribunal to Court of Appeal
7. › Whether proposed grounds raised only questions of law
8. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150
1. Appeal
2. › Leave to appeal
3. › Discretionary considerations
4. › Whether leave necessary to correct substantial injustice
5. › Whether question of law of general or public importance
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150(3)(b)
1. Building and Construction
2. › Domestic building contracts
3. › Variations
4. › Recovery by building contractor for variations not complying with formal requirements
5. › Tribunal approval under s 84
6. › Domestic Building Contracts Act 2000 (Qld), ss 79, 80, 82, 83, 84

Quick Take

Leave to appeal from the QCAT Appeal Tribunal to the Court of Appeal requires grounds that raise only pure questions of law, not questions of fact or mixed fact and law, and must clearly identify the specific error of law alleged.