Geran v Aussie Lifestyle Projects Pty Ltd

[2011] QCAT 501

CITATION:	Geran and Anor v Aussie Lifestyle Projects Pty Ltd [2011] QCAT 501
PARTIES:	Mr Steven Geran Mrs Nicole Geran
v
Aussie Lifestyle Projects Pty Ltd

APPLICATION NUMBER:   BDL125-11

MATTER TYPE: Building matters

HEARING DATE:     On the papers

HEARD AT:  Brisbane

DECISION OF: Dr Elena Marchetti, Member

DELIVERED ON: 25 October 2011

DELIVERED AT:      Brisbane

ORDERS MADE: 1.     That the Respondent pays to the Applicants the sum of $3,420.00.

CATCHWORDS:  Swimming pool contract – defective work

APPEARANCES and REPRESENTATION (if any):

Decision on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009. 

REASONS FOR DECISION
Background

1. This is a decision on the papers made pursuant to the Directions of Member Stilgoe made on 3 August 2011.

1. The claim arises out of the construction of a swimming pool by the Respondent at the Applicants’ property located at 2435 Moggill Road, Pinjarra Hills, Queensland.  The concrete pool shell has cracked in three places, which the Applicants claim, has caused water to leak out of the pool in all three locations.  The claim is for the cost of repairing the leaks.

1. I have before me the Applicant’s Application for Domestic Building Disputes with an attached Queensland Building Services Authority (QBSA) Inspection Report filed 17 May 2011, an Affidavit of Service filed 23 May 2011, and a quotation to rectify the defective works filed 15 September 2011.

1. The Respondent has not filed a response to the Application or made any submissions.

Claim

1. The QBSA inspection report dated 8 March 2011, which was prepared by John Groom and attached to the Applicant’s Application, concludes that ‘the pool is leaking due to cracking of the pool shell to three locations’ and not due to any incorrect water balance.[1]

   [1]        Queensland Building Services Authority Inspection Report, dated 8 March 2011, page 4.

1. The quotation obtained from The Summit Group Pty Ltd, for rectifying the defective work, amounts to $3,420.00.

Order

1. In the absence of any response or submissions from the Respondent, I accept the evidence provided by the Applicants and find that the pool leak is as a result of defective work.

1. I order that the Respondent pay the Applicant the sum of $3,420.00 being the amount required to rectify the defective work.