Beatton v Strongbridge Homes Pty Ltd - [2025] QCAT 184

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Beatton v Strongbridge Homes Pty Ltd [2025] QCAT 184

PARTIES:

GEORGE BEATTON

(applicant)

v

STRONGBRIDGE HOMES PTY LTD

(respondent)

APPLICATION NO/S:

BDL104-22

MATTER TYPE:

Building matters

DELIVERED ON:

12 May 2025

HEARING DATE:

9 May 2024

HEARD AT:

Brisbane

DECISION OF:

Member Deane

ORDERS:

1.     Strongbridge Homes Pty Ltd is to pay George Beatton damages in the sum of $19,500.00 (incl GST), by:

4:00pm on 20 June 2025.

2.     Any application for costs is to be made by filing in the Tribunal two (2) copies and giving to the other party one (1) copy of any submissions and evidence relied upon, by:

4.00pm on 27 June 2025.

3.     If any application for costs is made in accordance with order 2 above, then:

(a)     The other party must file in the Tribunal two (2) copies and give to the party making the application for costs one (1) copy of any submissions and evidence in response, by:

4.00pm on 25 July 2025.

(b)     The party making the application for costs must file in the Tribunal two (2) copies and give to the other party one (1) copy of any submissions and evidence in reply, by:

4.00pm on 15 August 2025.

(c)     Unless otherwise directed, the application for costs will be decided on the papers and without an oral hearing after 15 August 2025.

4.     If no application for costs is made in accordance with order 2 above, then there shall be no order as to costs.

CATCHWORDS:

TORTS – NEGLIGENCE – DUTY OF CARE – STANDARD OF CARE, SCOPE OF DUTY AND SUBSEQUENT BREACH – DAMAGES AND CAUSATION – GENERALLY – claim by subsequent homeowner – whether breach of duty by builder in undertaking building work – assessment of damages

LIMITATION OF ACTIONS – CONTRACTS, TORTS AND PERSONAL ACTIONS – where initial works were undertaken more than six years before the application was filed – where rectification works undertaken less than six years before the application was filed

Civil Liability Act2003 (Qld), s 4, s 9, s 11, sch 2

Human Rights Act2019 (Qld), s 9, s 11, s 13, s 24, s 25, s 31, s 48
Limitation of Actions Act 1974 (Qld), s 10
Queensland Building and Construction Commission Act 1991 (Qld), s 3, s 77, sch 1B s 4, sch 2
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 100, s 102, s 105

Queensland Civil and Administrative Tribunal Rules 2009 (Qld), r 86

Atkinson & Anor v Van Uden [2020] QCAT 259

Bryan v Maloney (1995) 182 CLR 609
Campbell v Queensland Building and Construction Commission [2021] QCATA 34
Cerda v Jacob [2020] QCATA 57
Chau’s & Sons t/as Holiday Air Conditioning and Refrigeration Qld v Karam [2024] QCAT 476
Knox v Bellamy [2021] QCAT 192
Lyons v Dreamstarter Pty Ltd [2011] QCATA 142
Mallonland Pty Ltd v Advanta Seeds Pty Ltd [2024] HCA 25

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented

Respondent:

P Burnitt, Director

REASONS FOR…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Beatton v Strongbridge Homes Pty Ltd

Details

AGLC: Beatton v Strongbridge Homes Pty Ltd [2025] QCAT 184
Case: [2025] QCAT 184
Decision Date: 12 May 2025

CaseChat Overview and Summary

George Beatton brought an action against Strongbridge Homes Pty Ltd, alleging that defects in a house they had built resulted in damage to his property. The dispute was heard by the Tribunal, which had to decide whether the builder owed a duty of care to the subsequent homeowner, whether that duty was breached, and if the damage suffered by Mr Beatton was caused by any such breach. Additionally, the court had to consider the limitation period for the claim, as the initial building works were completed more than six years prior to the filing of the application, but subsequent rectification works were completed less than six years before.

The court determined that Strongbridge Homes Pty Ltd owed a duty of care to subsequent homeowners for defects in their building work. It found that the builder breached this duty by failing to properly waterproof the house, leading to water ingress and subsequent damage to Mr Beatton's property. The court assessed the damages and concluded that the breach directly caused the damage claimed. The court also considered the limitation periods and found that while the initial works were beyond the limitation period, the subsequent rectification works fell within the limitation period, allowing the claim to proceed.

Consequently, the Tribunal ordered Strongbridge Homes Pty Ltd to pay Mr Beatton damages in the sum of $19,500.00 (including GST) by 20 June 2025. The court outlined a process for any application for costs to be made, specifying deadlines for filing and responding to submissions and evidence. If no application for costs was made, there would be no order regarding costs.

Orders

Orders of the court

1. Strongbridge Homes Pty Ltd is to pay George Beatton damages in the sum of $19,500.00 (incl GST), by:

4:00pm on 20 June 2025.

2. Any application for costs is to be made by filing in the Tribunal two (2) copies and giving to the other party one (1) copy of any submissions and evidence relied upon, by:

4.00pm on 27 June 2025.

3. If any application for costs is made in accordance with order 2 above, then:

(a) The other party must file in the Tribunal two (2) copies and give to the party making the application for costs one (1) copy of any submissions and evidence in response, by:

4.00pm on 25 July 2025.

(b) The party making the application for costs must file in the Tribunal two (2) copies and give to the other party one (1) copy of any submissions and evidence in reply, by:

4.00pm on 15 August 2025.

(c) Unless otherwise directed, the application for costs will be decided on the papers and without an oral hearing after 15 August 2025.

4. If no application for costs is made in accordance with order 2 above, then there shall be no order as to costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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