Flinders v Lauren Joy Photography

CITATION: Flinders v Lauren Joy Photography [2011] QCAT 513

PARTIES:	Renee Flinders (Applicant)
v
Lauren Joy Photography
(Respondent)

APPLICATION NUMBER: MCDO333-11

MATTER TYPE: Other minor civil disputes matters

HEARD AT:  Brisbane

DECISION OF: Ms Williams, Adjudicator

DELIVERED ON: 28 October 2011

DELIVERED AT: Brisbane

ORDERS MADE:

The respondent, Lauren Joy Photography, within 21 days from the date of this Order to:
1. Provide a high resolution CD containing a copy of-

(a) All edited colour images forming the Silver Wedding Package; and

(b) All images previously requested by the applicant to be edited in ‘black and white’ with spot colour as a special effect;

2. Reimburse the applicant the sum of $19.60 for the cost of converting images to colour; and
3. Reimburse the applicant the sum of $20.50 for filing fees.

CATCHWORDS: Minor Civil Dispute – Consumer Trader – Application for refund of money, rectification of work, payment of filing fee – Where applicant claims respondent breached terms of contract for the provision of photographic services – Where applicant claims misleading and deceptive conduct

APPEARANCES and REPRESENTATION:

APPLICANT:	Renee Flinders
RESPONDENT:	No appearance

REASONS FOR DECISION

Background

1. The applicant contracted the respondent to take photographs, as part of a package, during an engagement portrait session and then later at her wedding.

2. The applicant claims the respondent breached the terms of their contract and sought the following orders:

   (a)  “The respondent to provide colour copies of all images that were taken at our wedding and at our engagement portrait, in a timely manner.  All photos should be of a high quality, high resolution and printable without pixilation.  There is to be no visible smudges or watermarks on any of the images.  [We do not care if the images are not edited, we just want all the photos in colour, estimated to be in excess of 1500 images – to date currently have approximately 350];

   (b)  The respondent to reimburse the amount of $19.60 paid by the applicant to have some photographs converted to colour (from black and white) for the DVD slideshow;

   (c)  The respondent to reimburse $400 paid for the $1,200 photography package for the wedding, as she failed to meet conditions of the contract.  [For example, we did not receive what we order, she took longer than agreed to deliver the package); and

   (d)  The respondent to reimburse for filing fee.”

3. The matter was first listed for hearing on 28 June 2011.  Prior to hearing, the respondent electronically filed with Registry a response and supporting evidence.  Consequently the matter was adjourned so a copy could be provided to the Applicant.  The parties were further ordered “to file a request in writing no less than five (5) business days prior to the date of the next hearing, if they wish to attend via telephone.”

4. On 1 August 2011 the matter was heard by the Tribunal in the absence of the respondent.  Contrary to the Tribunal orders, no application was made to appear by telephone.  At the conclusion of…