Filliston v Quickspec Modular Pty Ltd

The applicant, Zoe Filliston, sought a determination from the Civil and Administrative Tribunal regarding a dispute with Quickspec Modular Pty Ltd, a building company, and its director, Benjamin Ralph Blanchette, concerning the quality of work performed on her property. The dispute arose from a contract for the construction of a modular home, which Filliston claimed was defective. She sought either an order for the company to rectify the defects or payment of the reasonable cost of rectification.

The primary legal issues addressed by the Tribunal were whether the contract was between Filliston and Quickspec Modular Pty Ltd or Blanchette individually, and if so, who was liable for the defects and the cost of rectification. The Tribunal had to determine the nature of the contractual relationship and whether Blanchette, as an individual, was personally liable for the company's obligations. Additionally, the Tribunal considered whether the appropriate remedy was an order for the company to rectify the defects or a money order for the reasonable cost of rectification.

The Tribunal concluded that the contract was with Quickspec Modular Pty Ltd, and not with Blanchette individually. However, it found Blanchette personally liable for the defects due to his role as the company's director and his involvement in the contractual negotiations and work. The Tribunal dismissed the application against Quickspec Modular Pty Ltd but ordered Blanchette to pay Filliston $34,360.19 within 28 days to cover the reasonable cost of rectifying the defects. The Tribunal also outlined a schedule for submissions regarding the costs of the proceedings.

The final orders of the Tribunal included dismissing the application against Quickspec Modular Pty Ltd, ordering Blanchette to pay Filliston the sum of $34,360.19, and setting a timeline for the submission of costs related to the proceedings. The Tribunal emphasised the importance of adherence to the stipulated page limits for the various submissions and indicated a preference for determining costs on the papers, unless a further hearing was deemed necessary.