Bramwell Properties Pty Ltd v NJ King Pty Ltd
[2010] QCAT 418
•31 August 2010
CITATION:Bramwell Properties Pty Ltd v NJ King Pty Ltd [2010] QCAT 418
| PARTIES: | Bramwell Properties Pty Ltd |
| v | |
| N.J King Pty Ltd |
| APPLICATION NUMBER: | BDL207-10 |
| MATTER TYPE: | Building matters |
| HEARING DATE: | 25 August 2010 |
| HEARD AT: | Southport |
| DECISION OF: | Ron Joachim – Member |
| DELIVERED ON: | 31 August 2010 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. In full and final settlement a. The Applicant be released from payment of $5,841.00 claimed by the Respondent. b. The Respondent pay the Applicant restitution in the amount of $12,710.50 within 28 days. c. The Respondent pay the Applicant’s application fee in the amount of $255 within 28 days. 2. That the Respondent provide the Applicant within 28 days, a certificate, certifying what works have been installed by a licensed plumber. |
| CATCHWORDS : | Building dispute; Queensland Building Services Authority Act 1991; s. 72 of the Queensland Civil and Administrative Tribunal Act 2009; where Respondent failed to appear; where Tribunal was satisfied that Respondent had been given notice of the conference; where Tribunal is able to make a decision adverse to the absent party; |
APPEARANCES and REPRESENTATION (if any):
| APPLICANT: | Mr Timothy Bramwell Smith |
| RESPONDENT: | No Appearance |
REASONS FOR DECISION
On 12 July 2010, the Queensland Civil and Administrative Tribunal, (the Tribunal) received an application from Mr Timothy Bramwell Smith of Bramwell Properties Pty Ltd, regarding work done by Mr N J King, a plumber.
This application was in relation to a building dispute pursuant to the Queensland Building Services Authority Act 1991. In this application Mr Smith sought:
§ Relief from payment of an amount claimed ($5,841.00)
§ An award for damages and interest (as Tribunal sees fit)
§ Restitution ($12,710.50)
§ Costs $255.00
§ A statutory declaration from the Respondent regarding the works being undertaken by a licensed plumber
§Damages for unlicensed work
On 19 July 2010, the Tribunal received a copy of the affidavit of service attesting that the Applicant served the Respondent N J King Pty Ltd at 2:39am on 14 July 2010.
On 29 July 2010, the Tribunal received a counter claim application from Mr King, seeking orders against the Applicant as follows:
- Payment of $5,841.00
- Legal costs of $255.00
- Transfer of this matter to the Magistrates Court
There is no evidence that the Respondent served the Applicant.
By notice dated 2 August 2010, the Applicant and Respondent were sent a notice of a compulsory conference to be held at the Southport Court House at 1:30pm, 25 August 2010. This notice advised the parties that orders can be made in the absence of a party.
The Applicant attended the conference. The Respondent failed to appear. Checks of the Court House were made in case the Respondent was in the building on the wrong floor. He was unable to be located.
The Tribunal used its powers under Section 72 of the QCAT Act 2009 to proceed in the Respondent’s absence. The Tribunal was constituted by a member and the Applicant agreed to proceed.
The Tribunal was satisfied that the Respondent had been given notice of the conference. Under these circumstances the Tribunal is able to make a decision adverse to the absent party and may make appropriate orders.
10. The Applicant advised the Tribunal of the following:
- He had not been served with the counter claim
- He was concerned that some unlicensed work may have been undertaken
- He had paid the $5,841.00 claimed by the Respondent when he had paid for work on previous invoices
- He had outlayed $12,710.50 on rectification and non completed works.
11. The Tribunal accepted the Applicants outline of events. Under section 77 of the QBSA Act 1991 the Tribunal makes the following orders:
In full and final settlement
a. The Applicant be released from payment of $5,841.00 claimed by the Respondent.
b. The Respondent pay the Applicant restitution in the amount of $12,710.50 within 28 days.
c. The Respondent pay the Applicant’s application fee in the amount of $255 within 28 days.
That the Respondent provide the Applicant within 28 days, a certificate, certifying what works have been installed by a licensed plumber.
0
0
0