Chapel of Angels Pty Ltd v Hennessy Builder Pty Ltd & Anor

Chapel of Angels Pty Ltd sued Hennessy Builder Pty Ltd and another defendant over a building contract. Hennessy Builder Pty Ltd sought indemnity costs from Chapel of Angels Pty Ltd for the latter's failure to accept formal offers under the rules. The court needed to determine if the offers were valid under the Uniform Civil Procedure Rules and if they were effective as Calderbank offers. Additionally, the court had to decide if Chapel of Angels Pty Ltd should pay Hennessy Builder Pty Ltd's costs on an indemnity basis.

The court found that the written building contract between Chapel of Angels Pty Ltd and Hennessy Builder Pty Ltd dated 6 December 2012, stipulated that Hennessy Builder Pty Ltd would perform building work without holding the appropriate class contractor’s licence under the Queensland Building Services Authority Act 1991. The court dismissed all of Chapel of Angels Pty Ltd's claims against both defendants and Hennessy Builder Pty Ltd's counterclaim. The court ordered Chapel of Angels Pty Ltd to pay Hennessy Builder Pty Ltd $85,989.86, inclusive of interest. Furthermore, Chapel of Angels Pty Ltd was to pay the second defendant's costs of the proceedings, including reserved costs, on an indemnity basis. The court also ruled that Chapel of Angels Pty Ltd should pay 75% of Hennessy Builder Pty Ltd's costs of the proceedings, which would be determined on the standard basis for costs incurred up to 23 May 2018, and thereafter on the indemnity basis.

The final orders of the court declared that Hennessy Builder Pty Ltd did not hold the appropriate contractor’s licence under the Queensland Building Services Authority Act 1991. Chapel of Angels Pty Ltd was to pay Hennessy Builder Pty Ltd $85,989.86 in satisfaction of the judgment, along with the second defendant's costs on an indemnity basis. Chapel of Angels Pty Ltd was also to pay 75% of Hennessy Builder Pty Ltd's costs of the proceedings, including reserved costs. The sum of $101,184.94 paid into the Court by Chapel of Angels Pty Ltd was to be paid out as follows: $85,989.86 to Hennessy Builder Pty Ltd and the balance, including any accretions, to Chapel of Angels Pty Ltd.