Devren Pty Ltd v Miller

Devren Pty Ltd (the appellant) appealed to the Supreme Court of Queensland against a decision of the Magistrates Court. The dispute concerned a claim by Mr Miller (the respondent) for payment of outstanding invoices for work performed by him as a contractor for Devren Pty Ltd. Devren Pty Ltd had counterclaimed for damages arising from alleged defective work.

The primary legal issues before the Supreme Court were whether the Magistrates Court had erred in finding that Mr Miller had substantially performed his contractual obligations, and consequently, whether Devren Pty Ltd was liable to pay the outstanding invoices. The Court also considered whether the Magistrates Court had correctly assessed the damages, if any, that Devren Pty Ltd was entitled to for defective work.

Judge Jarrett found that the Magistrates Court had correctly applied the principle of substantial performance. His Honour noted that for a contractor to be entitled to payment under a contract, substantial performance is sufficient, meaning that the work done is of the kind contracted for and the deviations or omissions are not such as to render the work unfit for the purpose for which it was intended. The evidence before the Magistrates Court supported a finding that the work performed by Mr Miller was substantially performed, and that any defects were minor and capable of rectification. The Magistrates Court's assessment of damages for the rectification of these minor defects was also upheld.

The appeal was dismissed.