Dodd v Croft

[2025] QCAT 418

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Dodd & Anor v Croft [2025] QCAT 418

PARTIES:

MEAGHAN DODD 

(applicant)

COURTNEY BOLTON

(applicant)

v

BENJAMIN JOEL CROFT

(RESPONDENT)

APPLICATION NO/S:

BDL395-24

MATTER TYPE:

Domestic Dispute

DELIVERED ON:

27 October 2025

HEARING DATE:

12 September 2025

HEARD AT:

Brisbane

DECISION OF:

Member S M Burke

ORDERS:

The Respondent is to make payment to the Applicant the sum of $32,109.00 on or before 11 December 2025.

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMEDIES FOR BREACH OF CONTRACT – MEASURE OF DAMAGES – where builder performed unlicensed building work – where builder did not complete the works – where defective works – where home owner entitled to recover damages to rectify and complete works – failure of party to comply with directions – failure of party to deliver any evidence before the Tribunal

Queensland Building and Construction Commission Act 1991 (Qld), s 42, s 77

Bellgrove v Eldridge (1954) 90 CLR 613

Robinson v Harman [1848] Eng R 135

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld)

REASONS FOR DECISION

1. The Applicants, Meaghan Dodd and Courtney Bolton, are the owners of adjoining properties at 15 Lynd Road, Maclean and 13 Lynd Road, Maclean, Queensland respectively (“the adjoining properties”).

2. The Respondent is a landscaping contractor trading under the registered name, Neighbours Envy Landscaping Services.

3. On 6 February 2022, Ms Dodd entered into an agreement with the Respondent , partly oral and partly in writing with an amendment to that agreement being entered into between the parties on 4 May 2022.

4. The scope of works is set out in an email dated 2 February 2022 and relates to fencing work to a proposed dwelling to be built on the property. The email dated 2 February 2022 from Ms Dodd to the Respondent provides a plan detailing the measurements and location of the fencing and retaining walls to form the scope of works under the agreement.

5. The terms of the agreement included the following scope of works (“contract works”):

   (a)The Respondent was to provide the following:-

   (i)      Two 27.4 metre retaining walls using steel galvanised posts with CCA approved 2.4 metre treated pine sleepers.

   (ii)      All labour and materials included; with

   (iii)     walls to be 4 sleepers high and last panel stepped down to 3 metres high;

   (iv)     included geo fabric with ag pipe and gravel for drainage;

   (v)      use of bobcat and labour required to scrap boundary line for retaining wall installation at 13 Lynd Road;

   (vi)     supply and install standard timber fencing with all labour and materials included;

   (vii)   fence brackets to be supplied and welded to retaining walls to mount the fence on top;

   (viii)     52.8 metres fence length total for left and right boundary line;

   (ix)     Supply and install standard pedestrian gate at 15 Lynd Road;

   (x)      Supply and install sleepers and fence on rear boundary line at 15 Lynd Road;

   (xi)     3.5…