Greer & Anor v Mt Cotton Constructions Pty Ltd

The appeal was brought by Greer and another party against Mt Cotton Constructions Pty Ltd. The primary dispute involved the assessment of damages for variations that did not comply with Part 7 of the Domestic Building Contracts Act 2000 (Qld). The case was heard in the Queensland Civil and Administrative Tribunal (QCAT), and subsequently, an appeal was lodged with a higher court. The legal issues centred on whether the tribunal had erred in its assessment of the owners' entitlement to damages for variations that did not comply with the statutory requirements. Specifically, the court had to determine if the tribunal was correct in valuing the non-compliant variation works in its assessment.

The court found that the tribunal had indeed erred in its assessment. The reasoning was grounded in the purpose of the Domestic Building Contracts Act 2000 (Qld) and the Queensland Building and Construction Commission Act 1991 (Qld), which aim to protect homeowners from unfair practices by builders. The court held that section 84 of the Domestic Building Contracts Act 2000 (Qld) does not abrogate the builder's entitlement to retain monies paid for non-compliant variations. Therefore, the tribunal's approach to valuing the non-compliant variation works was inconsistent with the statutory framework. As a result, the appeal was allowed, and the decision dated 17 January 2017 was set aside. The matter was returned to the tribunal for rehearing according to law and in line with the court's reasons.