Coastal Patios v Bennett

CITATION: Coastal Patios v Bennett & Anor [2013] QCAT 268

PARTIES:	Coastal Patios Pty Ltd (Applicant)
v
Mr Hugh Bennett Ms Rosalie Janz (Respondents)

APPLICATION NUMBER: BDL073-11

MATTER TYPE:	Building matters
HEARING DATE:	28 February and 1 March 2013

HEARD AT: Maroochydore

DECISION OF: Peter Walker, Member

DELIVERED ON: 14 June 2013

DELIVERED AT: Maroochydore

ORDERS MADE:

1.     Coastal Patios Pty Ltd must pay to Mr Hugh Bennett and Ms Rosalie Janz the sum of $29,009.00, by:

4:00pm on 12 July 2013

2.     Coastal Patios Pty Ltd must pay to Mr Bennett and Ms Janz the costs thrown away as a result of the adjournment and/or, the failure of the Applicant to arrange the attendance of the experts at the experts’ conclaves listed for 24 July 2012 and 30 January 2013.  The costs are to be agreed or assessed on the Magistrates Court Scale of costs or;

       i.      If the parties do not agree, Coastal Patios Pty Ltd must file two copies in the Tribunal and give one copy to Mr Hugh Bennett and Ms Rosalie Janz by short form assessment of costs, together with any submissions on the amount of costs, by:

4:00pm on 21 June 2013

      ii.      Mr Hugh Bennett and Ms Rosalie Janz must file two copies in the Tribunal and give one copy to Coastal Patios Pty Ltd any submissions in reply, by:

4:00pm on 28 June 2013

     iii.      The amount of the costs payable by Mr Hugh Bennett and Ms Rosalie Janz will be determined on the papers without an oral hearing not before 28 June 2013.

CATCHWORDS:

Domestic Building Dispute – where contract provided for construction of an extension – where respondents refused to pay the final payment – whether the works were defective-   assessment of damages under the contract including “liquidated damages”  – where respondents counterclaim for defective building work assessed and offset against the applicant’s damages – where claim for interest – where claim for variations and whether unreasonable hardship.

Costs – where applicant failed to engage experts to attend to attend experts conclaves – where the respondent was put to unfair expense as a result

Queensland Civil and Administrative Tribunal Act ss 28, 100 and 103
Queensland Building Services Authority Act s 77.
Domestic Building Contracts Act ss 79, 80, 82, 83, 85 and 90

Wulf v Cooper (2008)QCCTB3, Lyons v Dreamstarter Pty Ltd [2011]QCATA142

APPEARANCES and REPRESENTATION (if any):

APPLICANT: Coastal Patios Pty Ltd
Mr Tony Moran, Director  

RESPONDENT: Mr Hugh Bennett and Ms Rosalie Janz represented by Peter Arthur, Solicitor, Mooloolaba Law

REASONS FOR DECISION

Background:

1. The Applicants are a construction company that was contracted, by contract signed on 3 September 2010, to construct an extension to a dwelling house situated at 374 Image Flat Road, Image Flat, for the sum of $76,980.

1. The extension could best be described as an enclosed deck.

1. It appears to be common ground that the extension was requested to contain a “cathedral ceiling” and that it be as light and as airy as…