Burnell v Jarvis

[2024] QCAT 126

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 8

Queensland 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…