Blonk v Flanagan t/as Flanagan Builders

[2017] QCAT 408

CITATION:

Blonk v Flanagan t/as Flanagan Builders [2017] QCAT 408

PARTIES:

Jonathon Andre Blonk
(Applicant)

v

Wade Peter Flanagan t/a Flanagan Builders

(Respondent)

APPLICATION NUMBER:

BDL073-17

MATTER TYPE:

Building matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Holzberger

DELIVERED ON:

22 November 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.  Wade Peter Flanagan t/a Flanagan Builders must pay to Jonathon Andre Blonk the sum of $3,796.90 by 4:00pm on 2 January 2018.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – DEFAULT JUDGMENT – JUDGMENT IN DEFAULT OF OTHER REQUIRED STEP – where respondent repeatedly failed to comply with directions made by the Tribunal – where the applicant applied for default judgment

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – PERFORMANCE OF WORK – REMEDIES FOR BREACH OF CONTRACT – DAMAGES – MEASURE OF – domestic building dispute – failure to complete work – breach of contract

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

REASONS FOR DECISION

1. On 21 April 2017, Mr Blonk made an application to the Tribunal claiming the sum of $2,680 from Wade Peter Flanagan trading as Flanagan Builders.

2. With the application, Mr Blonk provided a copy of correspondence to him from the Queensland Building and Construction Commission, dated

   
   

   21 March 2017, confirming that its dispute resolution process had been finalised.

3. Mr Flanagan has failed to comply with directions made by the Tribunal on 15 May 2017, 6 July 2017 and 2 August 2017.

4. On 23 July 2017, Mr Blonk filed a request for decision by default.  That request is supported by a document tilted “affidavit for claim of unliquidated damages” dated 31 July 2017, an affidavit of service of the original application dated 15 May 2013 and a document titled “statement for directions hearing” filed on 21 August 2017.

5. I am satisfied that the application was served on Mr Flanagan on

   
   

   11 May 2017 by posting it to his last known business or home address and that the request for default judgment was served by the same method on 21 June 2017.

6. I make the following findings of fact:

   a)In July 2015, Mr Blonk contracted with Mr Flanagan for the construction of a block wall at Mr Blonk’s property at 2 Corinthia Court Noosaville for a total amount of $22,456.50.

   b)Mr Blonk paid Mr Flanagan progress payments totalling $13,579.50 in July and August 2015.

   c)Mr Flanagan completed the block work by August 2015 but did not core fill, render or paint the wall as the contract required.  Repeated attempts to have him complete the works failed.

   d)Mr Blonk completed the core fill, rendering and painting in mid-2017 and incurred the following costs:

   i)     Boral concrete – concrete to core fill - $2,491.90;

   ii)    Noosa concrete – concrete pumping - $682;

   iii)   Quality rendering – render and colour - $9,500; and

   iv)   Total - $12,673.90.

   e)The balance payable under the contract between Mr Blonk and Mr Flanagan is $8,877.  After deduction of that amount, Mr Blonk has suffered damage in the sum of $3,796.90.

   f)Accordingly, I order that Mr Flanagan pay to Mr Blonk the sum of $3,796.90 by 4:00pm on 2 January 2018.