QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Burnell v Jarvis [2024] QCAT 126
PARTIES:
CAROL ESTHER BURNELL (applicant)
v
CHRISTOPHER ANDREW JARVIS (respondent)
APPLICATION NO/S:
BDL194-21
MATTER TYPE:
Building matters
DELIVERED ON:
1 March 2024
HEARING DATE:
30 August 2023
HEARD AT:
Brisbane
DECISION OF:
Member Deane
ORDERS:
1. Christopher Andrew Jarvis is to pay Carol Ester Burnell the sum of $12,083.50 by 4.00pm on 2 April 2024.
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 2 April 2024.
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 16 April 2024.
(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 23 April 2024.
(c) Unless otherwise directed, the application for costs will be decided on the papers and without an oral hearing after 23 April 2024.
4. If no application for costs is made in accordance with order 2 above, then there shall be no order as to costs.
CATCHWORDS:
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – GENERALLY – where regulated contract did not comply with the requirements of the Queensland Building and Construction Commission Act 1991 (Qld) – consequences of noncompliance – where contract of no effect
TORTS – NEGLIGENCE – DUTY OF CARE – STANDARD OF CARE, SCOPE OF DUTY AND SUBSEQUENT BREACH – DAMAGES AND CAUSATION – GENERALLY – where breach of duty by builder in undertaking building work – assessment of damages
RESTITUTION – GENERAL PRINCIPLES – consideration of unjust enrichment
Civil Liability Act 2003 (Qld), s 4, s 9, s 11, schedule 2
Human Rights Act 2019 (Qld), s 11, s 13, s 24, s 25, s 31, s 48
Queensland Building and Construction Commission Act 1991 (Qld), s 77, Schedule 1B s 1, s 3, s 4, s 5, s 7, s 13, s 14, s 19, s 30, Schedule 2
Queensland Building and Construction Commission Regulation 2018 (Qld), s 45
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 4, s 38, s 100, s 102, s 105
Queensland Civil and Administrative Tribunal Regulation 2019 (Qld), s 8Queensland Civil and Administrative Tribunal Rules 2009 (Qld), r 86
Atkinson & Anor v Van Uden [2020] QCAT 259
Brookfield Multiplex Ltd v Owners Corp Strata Plan 61288 (2014) 254 CLR 185
Bryan v Maloney (1995) 182 CLR 609
Campbell v Queensland Building and Construction Commission [2021] QCATA 34
Canavan v Sutton [2020] QCAT 374
Cerda v Jacob [2020] QCATA 57
Ghama v Crew…
Continue reading Burnell v Jarvis
Sign in free to access the full text
- AGLC
- Burnell v Jarvis [2024] QCAT 126
- Case
- [2024] QCAT 126
- Decision Date
CaseChat Overview and Summary
The primary legal issues were whether the ineffectiveness of the contract had any implications for Burnell's ability to recover damages from Jarvis and if so, the extent of those damages. The Tribunal had to determine whether Burnell could still claim damages for Jarvis's breach of duty despite the contract's invalidity. The court also needed to consider the standard of care expected from a builder in undertaking such work and whether Jarvis breached this standard, leading to the damages claimed by Burnell.
The Tribunal found that despite the contract's ineffectiveness, Burnell could still claim damages for Jarvis's breach of duty. The court assessed the damages based on the breach of duty and the subsequent harm caused by Jarvis's actions. The Tribunal ordered Jarvis to pay Burnell $12,083.50 by 4.00pm on 2 April 2024, representing the damages for the breach of duty. The orders also detailed the procedures for any application for costs, including deadlines for submissions and evidence, and the process for deciding the application.
Orders
Orders of the court
1. Christopher Andrew Jarvis is to pay Carol Ester Burnell the sum of $12,083.50 by 4.00pm on 2 April 2024.
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 2 April 2024.
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 16 April 2024.
(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 23 April 2024.
(c) Unless otherwise directed, the application for costs will be decided on the papers and without an oral hearing after 23 April 2024.
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
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.