Bocquee v Baltus

[2019] QCAT 280

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Bocquee v Baltus [2019] QCAT 280

PARTIES:

LYNN BOCQUEE

(applicant)

V

LAURENCE ANTHONY BALTUS

(respondent)

APPLICATION NO/S:

BDL010-19

MATTER TYPE:

Building matters

DELIVERED ON:

17 September 2019

HEARD AT:

Brisbane

DECISION OF:

Senior Member Brown

ORDERS:

1.   Laurence Anthony Baltus must pay Lynn Bocquee FIFTEEN THOUSAND, ONE HUNDRED AND TWENTY-SEVEN DOLLARS AND TWENTY CENTS ($15,127.20) by 4:00pm on 15 October 2019.

2.   Laurence Anthony Baltus must pay Lynn Bocquee’s costs fixed in the amount of THREE HUNDRED AND THIRTY-EIGHT DOLLARS AND TWENTY CENTS ($338.20) by 4:00pm on 15 October 2019.

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – LEGALITY - where domestic building contract does not comply with Schedule 1B of the Queensland Building and Construction Commission Act 1991 (Qld) – whether a breach of contract can be established

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – DAMAGES – MEASURES OF – where contract entered into for the performance of building work – where builder is unlicensed - where builder performs unlicensed building work – where builder not entitled to consideration for performing building work – assessment of damages

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – SPECIAL RELATIONSHIPS AND DUTIES – OTHERS – where homeowner vulnerable – whether builder owed duty of care to homeowner – damages payable where work is defective

Queensland Building and Construction Commission Act 1991 (Qld) s 77, sch 1B s 13(2), s 13(5), sch 2

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 48

Basscorp Pty Ltd v Kosik [2007] CCT B411-05

Bellgrove v Eldridge (1954) 90 CLR 613

Chad Roberts Constructions Pty Ltd v Johnson Tiles Pty Ltd  [1993] ABT BC9302692

Cook's Construction P/L v SFS 007.298.633 Pty Ltd (formerly trading as Stork Food Systems Australasia Pty Ltd) [2009] QCA 75
Corporation of the City of Adelaide v Jennings Industries Ltd (1985) 156 CLR 274

Mertens v Home Freehold Co [1921] 2 KB 526.
Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The Wagon Mound) [1961] AC 388
Perre v Apand (1999) 198 CLR 180

Robinson v Harman (1848) 1 Ex 850; 154 ER 363

Sablewell Pty Ltd V Kirstborough Pty Ltd and Ors QBT BC9505897

Ventura v Svirac (1961) WAR 63

Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515

REPRESENTATION:

Applicant:

Self-represented

Respondent:

No appearance

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

1. Ms Bocquee contracted with Mr Baltus to perform tiling works at Ms Bocquee’s townhouse.  Ms Bocquee says that the works performed by Mr Baltus are defective.

   Background to the dispute

2. On 31 October 2017 Mr Baltus provided Ms Bocquee with a written quote for the tiling of the patio at the rear of Ms Bocquee’s townhouse.  The cost of the works was $4,226.00. The quote states ‘no GST charged’.

3. The quote included the number…