Adbs Pty Ltd v Webster

[2021] QCAT 249

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

ADBS Pty Ltd v Webster [2021] QCAT 249

PARTIES:

ADBS PTY LTD

(applicant)

v

MARK ANTHONY WEBSTER

(respondent)

APPLICATION NO:

BDL259-20

MATTER TYPE:

Building matters

DELIVERED ON:

23 July 2021

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Brown

ORDER:

1.       Mark Anthony Webster is to pay to ADBS Pty Ltd the amount of ONE HUNDRED DOLLARS ($100.00) within 28 days of this decision.

2.       Mark Anthony Webster is to pay to ADBS Pty Ltd costs fixed in the amount of THREE HUNDRED AND FIFTY TWO DOLLARS ($352.00) within 28 days of this decision.

CATCHWORDS:

DAMAGES – ASSESSMENT OF DAMAGES IN ACTIONS FOR BREACH OF CONTRACT – PROOF AND EVIDENCE – where the applicant hired the respondent to fit-out his shop – where the applicant made progress payments – where the applicant and respondent varied their contract on numerous occasions – where the respondent ultimately ceased work on the site – where the works were allegedly incomplete – where the applicant did not provide sufficient evidence of the incompleteness of the works or the cost to remedy any defects – whether the applicant should be compensated for breach of contract

Bellgrove v Eldridge (1954) 90 CLR 613

BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266
McDowall v Reynolds [2004] QCA 245
Robinson v Harman (1848) 1 Ex 850
Simply Irresistible Pty Ltd v Couper [2010] VSC 601
Ventura v Svirac [1961] WAR 63

Queensland Building and Construction Commission Act 1991 (Qld), s 77

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 48

APPEARANCES & REPRESENTATION:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. ADBS engaged Mr Webster to undertake building works at commercial premises. ADBS says that the works are defective and claims damages for the cost of rectifying the defects. Mr Webster has failed to file a response or otherwise comply with tribunal directions, including failing to appear at a directions hearing.

2. I am satisfied as to the following and make findings accordingly:

   (a)ADBS is a building owner;

   (b)Mr Webster is a building contractor;

   (c)The parties entered into an agreement for the performance by Mr Webster of reviewable commercial work;

   (d)Mr Webster undertook reviewable commercial work;

   (e)ADBS paid to Mr Webster $24,529.00;

   (f)The dispute between the parties is a minor commercial building dispute;

   (g)The tribunal has jurisdiction to decide the dispute;

   (h)Prior to commencing the proceedings, ADBS complied with the requirements of s 77(2) of the Queensland Building and Construction Commission Act 1991 (Qld);

   (i)Service of the proceedings has been effected upon Mr Webster;

   (j)Mr Webster has, without reasonable excuse, failed to comply with tribunal directions;[1]

   (k)The failure by Mr Webster to comply with tribunal directions is unnecessarily disadvantaging ADBS. ADBS is entitled to progress the proceedings to final resolution;[2]

   (l)ADBS is entitled to a final decision in the proceedings.[3]

   [1]Queensland Civil and Administrative…