Cameron v Guise
Case
•
[2019] QCAT 220
•12 August 2019
Details
AGLC
Case
Decision Date
Cameron v Guise [2019] QCAT 220
[2019] QCAT 220
12 August 2019
CaseChat Overview and Summary
Craig Cameron brought an action against Reece Brian Guise in the Magistrates Court of Queensland. Cameron sought damages for building work performed by Guise, which Cameron alleged was not completed to an acceptable standard. Guise denied liability, contending that the contract between the parties was void and unenforceable due to non-compliance with the legal requirements for building contracts in Queensland. The court was required to determine whether the contract was void due to non-compliance with the Building and Construction Commission Act, and if not, whether damages could be awarded to Cameron.
The court found that while the contract was not compliant with the Act, it was not rendered void and unenforceable. Instead, the court found that damages could be awarded for the value of the work performed. The court assessed the value of the work performed by Guise and determined that Cameron was entitled to damages of $7,475.00 for the cost of the work performed by Guise. The court also ordered Guise to pay Cameron’s costs in the amount of $338.20. Guise was ordered to pay the damages and costs by 4:00pm on 9 September 2019.
The court found that while the contract was not compliant with the Act, it was not rendered void and unenforceable. Instead, the court found that damages could be awarded for the value of the work performed. The court assessed the value of the work performed by Guise and determined that Cameron was entitled to damages of $7,475.00 for the cost of the work performed by Guise. The court also ordered Guise to pay Cameron’s costs in the amount of $338.20. Guise was ordered to pay the damages and costs by 4:00pm on 9 September 2019.
Details
Key Legal Topics
Areas of Law
-
Contract Law
Legal Concepts
-
Contract Formation
-
Breach of Contract
-
Compensatory Damages
Actions
Download as PDF
Download as Word Document
Citations
Cameron v Guise [2019] QCAT 220
Most Recent Citation
Keinath v Fleming [2024] QCAT 81
Cases Citing This Decision
8
Quaill v Dal Ponte
[2024] QCAT 342
McGeoch v Harrison
[2024] QCAT 314
Kroll v Kovac
[2024] QCAT 143
Cases Cited
5
Statutory Material Cited
2
Bellgrove v Eldridge
[1954] HCA 36
Adelaide Corporation v Jennings Industries Ltd
[1985] HCA 7
Tabcorp Holdings Ltd v Bowen Investments Pty Ltd
[2009] HCA 8