Barbi v Brewer

The applicant, Noel Ronald Barbi, brought a claim against Alan Tony Brewer for damages for negligent installation of glazing. The respondent, Mr Brewer, was a glazier who installed aluminium casement windows and a glass roof to convert an existing pergola into an internal space at Mr Barbi’s unit in New Farm. The parties did not enter into a written agreement. The windows leaked and Mr Brewer walked off the job. Mr Barbi engaged another contractor to replace the glazing system at a cost of $14,080 plus GST. Mr Brewer says when he left the site the work was merely incomplete, not defective. The Tribunal found that Mr Brewer owed Mr Barbi a duty of care because he assumed responsibility for the glazing and Mr Barbi relied on Mr Brewer’s professional skill and judgment in relation to the glazing. Mr Brewer breached his duty of care to Mr Barbi because he employed a dry joint construction method, which was not usual industry practice. Mr Barbi suffered damage as a result of Mr Brewer’s failure to install the windows to industry and certification standards. The damage complained of by Mr Barbi was directly attributable to Mr Brewer’s failure to follow the manufacturer’s directions, so it is not too remote. The Tribunal ordered that Mr Brewer must pay Mr Barbi the sum of $14,220.80 by 9 August 2013, together with interest at the rate of 10% on that sum on and from 28 June 2012 until and including the date of payment. Mr Brewer must also pay Mr Barbi’s costs of and incidental to the proceeding on the standard basis of assessment in accordance with the Magistrates Court Scale of Costs. If the amount of Mr Barbi’s costs is not agreed with Mr Brewer within 28 days, the costs are to be assessed by Hickey & Garrett, Legal Costs Consultants, Level 21, 141 Queen Street, Brisbane at the cost of Mr Brewer. Mr Brewer is to pay Mr Barbi’s costs (as agreed or assessed) within 28 days of such agreement or assessment.