Catania v Jolley

[2021] QCAT 429

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Catania & Anor v Jolley & Anor [2021] QCAT 429

PARTIES:

DAVID CATANIA

(applicant)

CHRISTOPHER CATANIA

(applicant)

v

MARK IVAN JOLLEY

(respondent)

BRISBANE TIMBER FLOORS PTY LTD

(respondent)

APPLICATION NO/S:

BDL019-19

MATTER TYPE:

Building matters

DELIVERED ON:

15 December 2021

HEARING DATE:

3 March 2021

19 July 2021

HEARD AT:

Brisbane

DECISION OF:

Member Deane

ORDERS:

1.   Mark Ivan Jolley and Brisbane Timber Floors Pty Ltd must pay Christopher Catania the sum of $13,770 (incl GST) by 4.00pm on 21 January 2022.

2.   The Counter-application is dismissed.

3.   David Catania and Christopher Catania must file two (2) copies in the Tribunal and give to Mark Ivan Jolley and Brisbane Timber Floors Pty Ltd one (1) copy of any submissions and evidence in support of any application for costs by 4.00pm on 21 January 2022.

4.   Mark Ivan Jolley and Brisbane Timber Floors Pty Ltd must file two (2) copies in the Tribunal and give to David Catania and Christopher Catania one (1) copy of any submissions and evidence in response or in support of any application for costs by Mark Ivan Jolley and Brisbane Timber Floors Pty Ltd by 4.00pm on 11 February 2022.

5.   David Catania and Christopher Catania must file two (2) copies in the Tribunal and give to Mark Ivan Jolley and Brisbane Timber Floors Pty Ltd one (1) copy of any submissions and evidence in reply by 4.00pm on 25 February 2022.

6.   Unless otherwise directed any application for costs will be determined on the papers and without an oral hearing not before 4.00pm on 25 February 2022.

7.   Unless otherwise directed, if no application for costs is made by any party in accordance with these directions, there shall be no order as to costs.

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – PERFORMANCE OF WORK – where domestic building contract does not comply with Schedule 1B of the Queensland Building and Construction Commission Act 1991 (Qld)

TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – SPECIAL RELATIONSHIPS AND DUTIES – OTHERS – where homeowner owed a duty of care by licensed contractor – whether homeowner owed a duty by director and nominee of licensed contractor personally - homeowner vulnerable – loss and damage reasonably foreseeable – causation – whether any contributory negligence of homeowner – whether proportionate liability – whether concurrent tortfeasors - application of the Civil Liability Act 2003 (Qld)

RESTITUTION – CLAIMS ARISING OUT OF INEFFECTIVE CONTRACT – MEASURE OF RECOVERY FOR CLAIMS FOR REASONABLE VALUE OF SERVICES – where benefit accepted only up to an agreed amount

Civil Liability Act 2003 (Qld), s 4, s 9, s 11, s 23, s 24, s 28, s 29, s 30, s 31, Schedule 2

Queensland Building and Construction Commission Act 1991 (Qld), s 77, Schedule 1B s 4, s 6, s 13, s 20, s 21, s 22, Schedule 2
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 38, s 97,…