A Macleay Island woman’s bid to force the release of her disputed tiny home has been rejected by the Queensland Civil and Administrative Tribunal, which ruled it has no power to act as a trustee or escrow agent for disputed contract payments.
The decision stems from a building dispute between Jacinta Saad and Thornlands-based Tiny Home Central Pty Ltd over a modular dwelling being built for her property at 21 Piccaninny Street, Macleay Island.
Ms Saad’s substantive application alleges unlicensed building work, incomplete and defective construction and seeks restitution and relief from disputed charges.
Before that dispute is heard, Ms Saad sought urgent interim orders requiring the company to preserve the dwelling, allow inspections, release it for transport and accept $8,400 to be held in QCAT’s trust account pending the final outcome.
She also sought orders preventing additional storage or release fees from accruing while the matter remained before the tribunal.
However, QCAT member Lee Benjamin dismissed the interim application, describing it as “misconceived”.
The tribunal found there was no provision in the Queensland Civil and Administrative Tribunal Act or its rules allowing QCAT to hold disputed funds in trust or act as an escrow agent.
“There is no provision… that enables the Tribunal to act as trustee or as an escrow agent,” Member Benjamin said.
“Accordingly, the orders sought by the Applicant cannot be granted by Tribunal.”
The tribunal also dismissed a second application seeking an urgent hearing of the interim orders before the respondent’s formal response was due.
Even if QCAT had the power to hold the money, Member Benjamin said he still would not have granted the interim orders because the case was at a very early stage and the respondent had not yet filed its response.
He found there was insufficient evidence the company was likely to act in a way that would prejudice Ms Saad before the dispute was determined, and said it was too soon to assess whether she had an arguable case or whether the balance of convenience favoured granting the orders.
Instead, the tribunal directed the matter to proceed to a compulsory conference after the respondent files its material, saying many of the issues raised by the applicant could be addressed through QCAT’s alternative dispute resolution process.
The ruling does not determine the merits of the underlying building dispute, which remains before QCAT.
Tiny Home Central disputes all allegations which remain before QCAT.
