Crane v Maxwell

[2017] QCAT 409

CITATION:

Crane v Maxwell [2017] QCAT 409

PARTIES:

Andrew Crane
(Applicant)

v

Michael Thomas Maxwell

(Respondent)

APPLICATION NUMBER:

BDL087-17

MATTER TYPE:

Building matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Holzberger

DELIVERED ON:

29 November 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   Michael Thomas Maxwell must pay to Andrew Crane the sum of $4,099.70 by 4:00pm on 2 January 2018

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – DEFAULT JUDGMENT – JUDGMENT IN DEFAULT OF OTHER REQUIRED STEP – where respondent repeatedly failed to comply with directions made by the Tribunal – where the application applied for default judgment

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – PERFORMANCE OF WORK – REMEDIES FOR BREACH OF CONTACT – DAMAGES – MEASURE OF – domestic building dispute – failure to complete work – breach of contact

APPEARANCES AND REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. Andrew Crane filed an application for commercial building dispute against Michael Thomas Maxwell on 4 May 2017.

2. No response has been filed by Mr Maxwell and he is non-compliant with directions made by the Tribunal on 15 May 2017 and 4 October 2017.  The directions made on 4 October 2017 included a direction that if his non-compliance continued beyond 18 October 2017 Mr Crane would be entitled to a final decision in the proceeding.

3. The non-compliance has continued.

4. The material filed by Mr Crane relevant to that final decision is:

   a)    The application filed on 4 May 2017, which incorporates Mr Crane’s witness statement and supporting documentation;

   b)    The affidavit of service filed on 18 May 2017;

   c)    Document entitled “calculations of claimed amounts by Andrew Crane” filed on 26 October 2017 in accordance with a direction of the Tribunal made on 4 October 2017.

5. On the basis of that material, I make the following findings of fact:

   a)    In or about February, Mr Crane and Mr Maxwell entered a contract of the construction of a mezzanine floor at Mr Crane’s premises at 19 Pedder Street, Albion;

   b)    The works were to be completed by 13 February 2017;

   c)    On or about 8 February 2017, Mr Crane paid Mr Maxwell a deposit of $3,784 by electronic funds transfer;

   d)    The contract was terminated by Mr Maxwell on 19 February 2017 or by mutual agreement;

   e)    The only work undertaken at the premises was approximately 1 hour and 30 minutes of preparatory work on 12 February 2017 and approximately 2 hours and 30 minutes doing preparatory work on 13 February 2017;

   f)     Mr Crane has not received the benefit of any work undertaken in respect of this job by Maxwell off the premises;

   g)    Mr Maxwell has not repaid any portion of the deposit paid;

   h)    Mr Maxwell served a copy of the application on 4 May 2017 by forwarding it by post to 79 Fitzroy Street, Cleveland.

6. In those circumstances, I am satisfied that Mr Maxwell is in breach of his contract with Mr Crane and Mr Maxwell is entitled to recover the deposit of $3,784.

7. In his application, Mr Maxwell also claimed the amount of $594 for the installation of a staircase said to be included in the original agreement.  No reference is made to this amount in Mr Maxwell’s calculations file on 26 October 2017.  If Mr Maxwell intended to persist with this part of his claim then the material before me is insufficient to support it.

8. I allow the filing fee of $315.70.  While I accept that Mr Maxwell has spent considerable time making his application, I am not prepared to allow any amount of that other than the filing fee.

9. Accordingly I order as follows:

   1.     Michael Thomas Maxwell must pay to Andrew Crane the sum of $4,099.70 by 4:00pm on 2 January 2018.