QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Burns & Anor v Pitcar Ceilings Pty Ltd & Anor [2022] QCAT 229
PARTIES:
THOMAS CHARLES BURNS
(first applicant)
AND
ALEXANDER LESLIE BURNS
(second applicant)
V
PITCAR CEILINGS PTY LTD
(first respondent)
AND
JERRY PITAROY
(second respondent)
APPLICATION NO/S:
BDL180-20
MATTER TYPE:
Building matters
DELIVERED ON:
29 June 2022
HEARD AT:
Brisbane
DECISION OF:
Member Lember
ORDERS:
1. Within 28 days of the date of this order, Pitcar Ceilings Pty Ltd must pay Thomas Charles Burns and Alexander Leslie Burns the sum of $17,486.60, comprising:
(a) $17,140.80 claim; and
(b) $348.50 filing fee.
2. The claim against Jerry Pitaroy is dismissed.
CATCHWORDS:
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – GENERALLY – where no formal contract for building work – where builder unlicensed – whether defective building work – where failure to rectify - whether homeowner entitled to damages for failure to rectify – where builder alleges inherent structural defects unrelated to building work caused damage
Queensland Building and Construction Commission Act 1991 (Qld) s 68H, s 77, Schedule 1B, Schedule 2
Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 23(3), s 32Barbi v Brewer [2013] QCAT 348
Bryan v Maloney (1995) 182 CLR 609
Canavan v Sutton [2020] QCAT 374
Donoghue v Stevenson [1932] AC 562
Ghama v Crew & Anor [2020] QCAT 149Hyder Consulting (Australia) Pty Ltd v Wilhelmsen Agency Pty Ltd [2001] NSWCA 313
Robinson v Harman (1848) 1 Ex 850
Stephenson, Peter Thomas & Christine Ann v Queensland Building Services Authority [2005] QCCTB 59
Wright and Anor v Duke Building Pty Ltd and Anor [2017] QCATA 35APPEARANCES & REPRESENTATION:
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
What is this application about?
The applicant homeowners engaged the first respondent builder (“Pitcar”) to install a plasterboard ceiling with a square setting, to supply and install plasterboard to existing timber framework walls and to repair a damaged wall at their home, pursuant to a quotation dated 19 April 2017.[1]
[1]Annexure A to the Affidavit of Alexander Burns sworn 28 July 2020.
The second respondent, Mr Pitaroy is the sole director/secretary and major shareholder of Pitcar[2] and undertook the plastering work on its behalf.
[2]ASIC search dated 7 September 2019, comprised in Annexure G to Affidavit of Alexander Burns sworn 28 July 2020.
No formal contract was entered into and neither respondent held the required license to carry out the works.
Plastering works were carried out between 20 and 24 April 2017 for which the applicants paid Pitcar the sum of $4,845 (being the GST-exclusive sum quoted). Painters unrelated to the respondents then painted walls, ceilings, skirting and architraves between 27 and 30 April 2017.
By an application for a domestic building dispute filed 29 July 2020,[3] the applicants seek orders that the respondents pay them the sum of $17,140.80 as damages for defective building work comprising:
(a)$10,285.00…
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- AGLC
- Burns v Pitcar Ceilings Pty Ltd [2022] QCAT 229
- Case
- [2022] QCAT 229
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