Cameron v Guise

[2019] QCAT 220

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Cameron v Guise [2019] QCAT 220

PARTIES:

CRAIG CAMERON

(applicant)

V

REECE BRIAN GUISE

(respondent)

APPLICATION NO/S:

BDL321-18

MATTER TYPE:

Building matters

DELIVERED ON:

12 August 2019

HEARD AT:

Brisbane

DECISION OF:

Senior Member Brown

ORDERS:

1.   Reece Brian Guise must pay Craig Cameron SEVEN THOUSAND, FOUR HUNDRED AND SEVENTY-FIVE DOLLARS ($7,475.00) by 4:00pm on 9 September 2019.

2.   Reece Brian Guise must pay Craig Cameron’s costs fixed in the amount of THREE HUNDRED AND THIRTY-EIGHT DOLLARS AND TWENTY CENTS ($338.20) by 4:00pm on 9 September 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

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

Bellgrove v Eldridge (1954) 90 CLR 613
Cook's Construction P/L v SFS 007.298.633 P/L (formerly trading as Stork Food Systems Australasia P/L) [2009] QCA 75
Corporation of the City of Adelaide v Jennings Industries Ltd (1985) 156 CLR 274

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

Ventura v Svirac (1961) WAR 63

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. Mr Guise contracted with Mr Cameron to complete an office fitout and a workshop fitout at Mr Cameron’s home.  Mr Cameron paid the contract amount in full prior to the work commencing.  Mr Guise failed to complete all of the work under the contract.  

2. Mr Cameron filed in the tribunal an application for a domestic building dispute. Mr Guise has not complied with any tribunal directions including failing to file a response to the application.

   Background to the dispute

3. The parties entered into an agreement for the performance of building work on or about 27 July 2017.  Mr Cameron says that the agreement was a verbal one. Mr Cameron says that the details of the building work Mr Guise agreed to undertake were contained in an invoice provided by Mr Guise to Mr Cameron on 27 June 2017.  The invoice was not signed by either party. 

4. The invoice refers to “Office fitout” and “Workshop fitout”. In respect of each of the fitouts, the invoice contains particulars of the building works to be carried out.  The total amount payable by Mr Cameron to Mr Guise for the building work was $7,475.00 inclusive of GST.

5. Mr Cameron paid the invoice…