Cox v Kimber and Scott Pty Ltd Trading as Three D6 (Civil Dispute)

Cox brought proceedings against Kimber and Scott Pty Ltd, trading as Three D6, in the Australian Civil Disputes Tribunal. Cox sought compensation for work completed in relation to the renovation of a property. The respondent, Kimber and Scott Pty Ltd, denied liability for the claimed amount and raised a counterclaim for work allegedly undertaken by Cox that was not authorised. The primary legal issue before the Tribunal was whether Cox had a valid claim for payment for the work completed and, if so, the amount owed. Additionally, the Tribunal needed to determine the validity and merits of the respondent’s counterclaim.

The Tribunal found that Cox had provided evidence of the work completed and the agreed price for the services. The Tribunal considered the evidence of both parties and concluded that Cox had indeed performed the work as per the agreement and that the amount claimed was reasonable. The Tribunal dismissed the counterclaim, finding that Kimber and Scott Pty Ltd had not provided sufficient evidence to substantiate their claim against Cox.

Consequently, the Tribunal ordered that Kimber and Scott Pty Ltd pay Cox the sum of $3884.31, along with a search fee of $9 and an application fee of $145.00. The Tribunal dismissed the respondent’s counterclaim. This decision concludes that the respondent must compensate the applicant for the services rendered, and the counterclaim is not upheld.