Baker v Aquatics Pool Painting Pty Ltd

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Baker v Aquatics Pool Painting Pty Ltd  [2020] QCAT 280

PARTIES:

SHAHLA BAKER

(applicant)

v

AQUATICS POOL PAINTING PTY LTD

(respondent)

APPLICATION NO/S:

BDL226-19

MATTER TYPE:

Building matters

DELIVERED ON:

8 July 2020

HEARING DATE:

On the Papers

HEARD AT:

Brisbane

DECISION OF:

Adjudicator Stroud

ORDERS:

Aquatics Pool Painting Pty Ltd pay to Shahla Baker the sum of $1,252.

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – OTHER MATTERS – where work performed by unlicensed builder – effect of non-compliance with s 42(1) of the Queensland Building and Construction Commission Act 1991 (Qld) – whether homeowner entitled to be reimbursed money paid for building work

Queensland Building and Construction Commission Act 1991 (Qld), s 42; Schedule 1B s 13, s 33; Schedule 2 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 9, s 10

REPRESENTATION:
Applicant:	Self-represented
Respondent:	Self–represented
APPEARANCES:	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  

What is this matter about?

1. Shahla Baker engaged Aquatics Pool Painting Pty Ltd (APP) to apply a sealant to her swimming pool (the Works) for an agreed amount of $4,500.  Ms Baker paid APP a deposit of $2,000. Ms Baker claims that APP refused to complete the Works and is seeking an order that that APP refund her the deposit.

2. APP states Ms Baker terminated the contract with them and that they should not be required to refund the total amount as they have already spent over $2,000 on materials and labour for the job.

3. No written contract was entered into for the Works and APP was not licensed to do the work. 

   Does the Tribunal have Jurisdiction?

4. The Tribunal has original jurisdiction to hear and decide ‘building disputes’.[1] The definition of building dispute includes a ‘domestic building dispute’. [2]

   [1]Sections 9 and 10 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act) and s 77(1) of the Queensland and Building and Construction Commission Act 1991 (Qld) (QBCC Act).

   [2]QBCC Act, Schedule 2 (definition of ‘building dispute’).

5. A domestic building dispute includes a claim or dispute arising between a building owner and a building contractor related to the performance of reviewable domestic work or a claim or dispute in negligence related to the performance of reviewable work.[3]

   [3]QBCC Act, Schedule 2 (definition of ‘domestic building dispute’).

6. The building work performed by APP is associated building work. Domestic building work includes associated building work[4] and is ‘reviewable domestic work’.[5]

   [4]‘Domestic building work’ includes the renovation, alteration, extension, improvement or repair of a home and associated work – QBCC Act, Schedule 1B s 4.

   [5]QBCC Act, Schedule 2 (definition of ‘reviewable domestic work’).

No written contract

1. No written contract for the Works was entered into between the parties. Ms Baker relies upon an email dated 6 June 2019 from APP and an undated quote/invoice in the amount of…