Fight over shower panels goes back to QCAT

A SUNSHINE Coast stoush over $4000 worth of building panels has made its way to the Queensland Civil and Administrative Tribunal.

Peregian Beach Hardware asked QCAT to allow it to appeal a decision by the tribunal's minor civil disputes jurisdiction about goods it supplied for use in a shower block.

Court documents show that in 2014, Kevin and Katrina Scott bought 33 sheets of Laminex Aquapanel worth $4306 for a job they were doing at Noosa Caravan Park.

The couple refused to pay for them, saying the panels were "bowed" or "warped" and would not adhere to the shower block's surface.

However, Peregian Beach Hardware claimed the panels were "compromised by incorrect installation".

The store received a $3560 credit from Laminex for some of the panels and also filed a claim with QCAT for $746, which was the balance owing on the Scott account.

The two justices of the peace who ruled in the initial tribunal claim found in favour of the Scotts and dismissed the claim.

Peregian Beach Hardware said it believed the ruling "did not properly have regard to evidence" that the panels were installed incorrectly.

In allowing the business to appeal the decision, QCAT member Peta Stilgoe found the initial ruling was based on the wrong regulatory framework.

"Because I have found that Mr and Ms Scott were not consumers, the consumer guarantees … of the Australian Consumer Law do not apply," Ms Stilgoe said.

"Because the tribunal applied the wrong law and the wrong test, the proceeding should be returned to the tribunal for rehearing before a different panel."


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