Colormode Pty Ltd v Civic Construction Group Pty Ltd

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DISTRICT COURT OF QUEENSLAND

CITATION:

Colormode Pty Ltd v Civic Construction Group Pty Ltd

[2024] QDC 148

PARTIES:

COLORMODE PTY LTD

(Plaintiff)

v

CIVIC CONSTRUCTION GROUP PTY LTD

(Defendant)

FILENO/S: BD 1924/21
DIVISION: Civil
DELIVERED ON: 13 September 2024
DELIVERED AT: Brisbane
HEARINGDATE:

8, 9, 10, 26 April 2024; final written spreadsheets of

claims and defences, 20 May 2024

JUDGE: Barlow KC, DCJ
ORDERS:

1.   There be judgment for the plaintiff in the sum of

$38,120.80, plus interest in an amount to be determined.

2.   The parties, by 27 September 2024, file and serve (and provide to my associate by email) written submissions on interest and costs.

3.   Each party may, by 4 October 2024, file and serve (and provide to my associate by email) written submissions in response to the other’s submissions under order 2.

4.   All written submissions be limited to 5 pages.

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION –

ESTOPPEL - RECOVERY – plaintiff, a painting contractor, and defendant, a building contractor, entered into three contracts between 2014 and 2016 – plaintiff seeks payment from the defendant, claiming that amounts are due under each contract primarily due to alleged variations in the contracted work - whether works were undertaken and, if so, were variations to the works under the contract - plaintiff also seeking the return of retention money held by the defendant under the contracts – whether the plaintiff is entitled to the return of retention money - defendant asserts that no money is owed to the

plaintiff – defendant contends that any variations were

not properly sought and approved in accordance with the procedures, including strict time limits outlined in each contract - plaintiff accepts that not all variations were undertaken following the process specified in the contracts - plaintiff argues that the defendant waived compliance with these procedures, or is estopped from relying on non-compliance – whether the defendant waived compliance with, or is estopped from using, the procedures to deny the plaintiff’s claims – whether time limits prevent recovery of any parts of the plaintiff’s claims - defendant seeks liquidated damages for the plaintiff’s delay in completing the works under each contract - defendant seeks judgment in its favour for the balance after offsetting this amount against any potential liability to the plaintiff – whether time limits apply to the defendant’s offsetting claim.

Uniform Civil Procedure Rules 1999, 149(d), r 172, r 173, r 5

Civil Proceedings Act 2011, s 20

Abergeldie Contractors Pty Ltd v Fairfield City Council

[2017] NSWCA 113, considered

AGC Industries Pty Ltd v Karara Mining Ltd [2019] WASC 140, considered

Bartier v Kounza Investments Pty Ltd [2003] QSC 390, distinguished

Capello v Lyons (2023) 111 NSWLR 570, applied Creative Building Services v Joeline Investments [2015] NSWSC 391, applied

Hunters Green Retirement Living Pty Ltd v J G King Project Management Pty Ltd [2023] VSC 536, considered

John Goss Projects Pty Ltd v Leighton Contractors

(2006) 66 NSWLR 707

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Details
Case
[2024] QDC 148
Decision Date

CaseChat Overview and Summary

Colormode Pty Ltd, a painting contractor, filed a claim against Civic Construction Group Pty Ltd, a building contractor, seeking payment and the return of retention money held under three contracts entered into between 2014 and 2016. The central issues were whether variations to the contracted works had been undertaken, whether these variations were authorised under the contracts, and if the plaintiff was entitled to the return of retention money held by the defendant.

The court examined the nature of the contractual agreements and the scope of work outlined in each contract. It considered whether the works performed by the plaintiff constituted variations and whether these variations were authorised by the defendant. Additionally, the court analysed the terms regarding the retention money and the circumstances under which it could be released. The defendant argued that no additional monies were owed due to the absence of authorised variations, and that it was entitled to retain the money as per the contractual provisions.

In its judgment, the court found that variations had been undertaken and were authorised under the contracts. It held that the plaintiff was entitled to payment for these variations and ordered the defendant to pay the sum of $38,120.80, plus interest to be determined. The court also ruled that the plaintiff was entitled to the return of the retention money. The orders included directions for the parties to file written submissions on interest and costs by specified dates, with a limit of five pages per submission.

Orders

Orders of the court

1. There be judgment for the plaintiff in the sum of

$38,120.80, plus interest in an amount to be determined.

2. The parties, by 27 September 2024, file and serve (and provide to my associate by email) written submissions on interest and costs.

3. Each party may, by 4 October 2024, file and serve (and provide to my associate by email) written submissions in response to the other’s submissions under order 2.

4. All written submissions be limited to 5 pages.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.