Castle Constructions (Qld) Pty Ltd v Pourasad

The case of Castle Constructions (Qld) Pty Ltd v Pourasad involved a dispute between a builder and a homeowner regarding the completion of a house. The builder claimed the final payment for the construction of the house, as well as costs of variations, interest and costs under the contract. The homeowner counter-claimed for damages for rectification and incomplete works. The dispute came before the Queensland Civil and Administrative Tribunal.

The legal issues that the court had to decide were whether the homeowner had taken possession of the property before practical completion, whether the contract was terminated by the builder or the homeowner, whether the termination was under the contract or at common law, whether there was substantial compliance with practical completion, whether variations were instructed, and whether the variations should be approved by the Tribunal under the Domestic Building Contracts Act 1999. The court also had to determine whether the building works were defective or incomplete.

The court held that the homeowner had taken possession of the property before practical completion. The court found that the contract was terminated by the homeowner, and not by the builder. The court held that the termination was under the contract, and not at common law. The court found that there was substantial compliance with practical completion, and that the variations were instructed. The court held that the variations should be approved by the Tribunal under the Domestic Building Contracts Act 1999. The court found that the building works were incomplete, and that the homeowner was entitled to damages for the rectification and incomplete works.

The court ordered that the homeowner must pay the builder the sum of $7499.33 by 4:00pm on 19 February 2015 in exchange for the certificates set out in order 2. The builder must give to the homeowner the form 21 final certificate and all associated certificates for the house at 57 Messara Circuit, Durack by 4:00pm on 19 February 2015 in exchange for the payment of the amount in order 1. Either party may file submissions in support of any claim for legal costs including a detailed breakdown of the costs claimed by 4:00pm on 19 February 2015. If either party files submissions in accordance with order 3 above, the other party must file its submissions in response by 4:00pm on 12 March 2015. Any claim/s for costs will be determined on the papers without an oral hearing not before 12 March 2015. If no submissions are received from a party concerning their claim for costs in accordance with order 3 above, then the application for costs will be dismissed.