G & J Ruddell Pty Ltd v Meloni
[2011] QCAT 694
•20 December 2011
| CITATION: | G & J Ruddell Pty Ltd v Meloni [2011] QCAT 694 |
| PARTIES: | G & J Ruddell Pty Ltd t/as GJ Gardner Homes |
| v | |
| Mr Scott Meloni |
| APPLICATION NUMBER: | BDL191-11 |
| MATTER TYPE: | Building matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Kerrie O'Callaghan, Senior Member |
| DELIVERED ON: | 20 December 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | The respondent pay to the applicant the sum of $3,619.17 within 14 days. |
| CATCHWORDS: | Building dispute – defective work of subcontractor |
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 (QCAT Act).
REASONS FOR DECISION
The applicant G & J Ruddell Pty Ltd (Ruddell) filed an application against Scott Maloni of Maloni Family Trust trading as Wee Plumb for the cost of rectification of defective work carried out by Maloni as a subcontractor for Ruddell.
The claim is for the sum of $3,619.17 being the alleged cost of the rectification of $3,364.17 plus the filing fee of the application of $255.00.
The respondent filed a response which was unsigned and the only notation in the response was a request for Ruddell to refer the claim to the official trustee regarding his bankrupt estate. He gave details of the trustee.
Ruddell provided evidence from the trustee that this claim was not a claim covered by the bankruptcy as the debt (if it was proven) came to existence after the bankruptcy and was therefore not covered by the bankruptcy. On that basis Ruddell could proceed against Maloni to recover the debt.
A directions hearing was held on 9 November where both parties were ordered to file material and an order made that the application be determined on the papers.
It was brought to my attention that despite the application being commenced against Scott Maloni in his own name and that in his response Scott Maloni had named himself as the respondent the orders that had issued out of the Tribunal had incorrectly named the respondent as the Maloni Family Trust. Orders were made to correct this and note the name of the respondent as being Scott Andrew Maloni. Ruddell chose to rely on the material filed with the application and the respondent Maloni did not file any material.
The claim
The applicant’s claim is the sum of $3,364.17 and the costs of filing the application.
Ruddell’s evidence was that they had constructed a house at Home Itill for clients. Maloni had been subcontracted to carry out certain plumbing work. Some time after construction was finished the owners wrote to Ruddell advising of problems with a sagging sewer line. They advised that because of health and safety issues they had to temporarily fix the problem at a cost of $265.20.
The owners had made a complaint to the Queensland Building Services Authority who issued a direction to rectify to Ruddell in the following terms:
“Rectify the defective installation of the septic pipe line between the tank and the new house that has a backfall, not constructed as per the drainage plans causing blockages in the line resulting in a health and safety issue for the occupants.”
[10] Ruddell attempted to contact Maloni to have the work rectified but was unable to do so. Ruddell then arranged for rectification of the work and it is the cost of this which they are seeking to recover from Maloni.
[11] On the basis of the material filed I am satisfied that part of the work carried out by Maloni was defective and that Ruddell has incurred costs in the total sum of $3,364.17 in rectifying that work.
[12] Ruddell produced invoices which established that they had paid the following amounts in order to satisfy the direction to rectify:
Leissman Holdings Pty Ltd $ 265.20
GJ Gardiner account $ 825.00
Ballys Concrete $ 198.00
Gossy’s Bobcat Hire $ 385.00
Liessman Holdings (materials) $ 123.47
Franzmann Plumbing $1,567.50
Total $3,364.17
[13] I am satisfied that this amount is due and owing by Maloni to Ruddell.
[14] I also find that Ruddell is entitled to be reimbursed for the filing fee cost of $255.00.
[15] I order that Maloni pay to Ruddell the total sum of $3,619.17 within 14 days.
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