Ausmar Homes P/L v Vernon

[2010] QCAT 244

CITATION: Ausmar Homes P/L v Vernon [2010] QCAT 244

PARTIES:	Ausmar Homes Pty.Ltds CAN 087 236 208
v
Paul Anthony Vernon and Julie Fraser Vernon

APPLICATION NUMBER:   BDL 011 -10

MATTER TYPE: Building Matters

HEARING DATE:     9 June, 2010

HEARD AT:  On the papers

DECISION OF: Member Fitzpatrick

DELIVERED ON: 9 June, 2010

DELIVERED AT:      Brisbane

ORDERS MADE: That the Respondents pay to the Applicant the sum of $37,068.17

CATCHWORDS :  Moneys owing for progress payment.

APPEARANCES and REPRESENTATION (if any):  Decision on the papers

REASONS FOR DECISION

1. This is a decision on the papers, made pursuant to the Direction of His Honour Justice Alan Wilson made on 29 March, 2010.

2. The claim arises out of the construction by the Applicant for the Respondents of a house at 45 Fraser Waters Parade, Toogoom, Queensland.  The claim is for the final progress payment, pursuant to the contract between the parties, together with interest and costs.

3. I have before me the Applicant’s Application filed 11 January, 2010, together with an Affidavit in support of a request for a decision by default filed 7 April, 2010.  I also have a submission from the Respondents filed 24 March, 2010.

Claim

1. The Applicant swears that as at 6 April, 2010 the amount of $37,068.17 remains owing to it, comprised as follows:

   (a)  Amount owing as per the contract         $30,058.95

   (b)  Interest as per the contract   $ 6,759.22

   (c)  Costs  $    250.00         

2. The Respondents have not denied the claim.  The Respondents have not filed a defence to the claim.  Their submissions go to their efforts to obtain finance to meet the claim.

Decision

1. In the absence of any Defence by the Respondents, I find that the Applicant’s claim is made out.

2. In view of the Directions of His Honour Justice Alan Wilson made on 29 March, 2010, I waive compliance with any procedural requirement under the Queensland Civil and Administrative Tribunal Act 2009, related to a decision by default, pursuant to my powers under section 61(1) (c) of the Queensland civil and Administrative Tribunal Act 2009

3. I order that the Respondents pay to the Applicant the sum of $37,068.17, being money owing from the Respondents to the Applicant, including the Applicant’s costs claimed in the sum of $250.00.