Gunther v North Edge Constructions

[2012] QCAT 623

CITATION: Gunther v North Edge Constructions [2012] QCAT 623

PARTIES:	Robert Gunther (Applicant)
v
North Edge Constructions (Respondent)

APPLICATION NUMBER: BDL340-11

MATTER TYPE:  Building matters

HEARING DATE: 5 December, 2012

HEARD AT: Brisbane

DECISION OF: Ann Fitzpatrick, Member

DELIVERED ON: 5 December, 2012

DELIVERED AT: Brisbane

ORDERS MADE:

[1]    The Tribunal orders, by consent that:

i)     The respondent at its own cost construct a blue aluminium stepped fence to the rear boundary of the applicant’s property at 7 Village High Crescent, Coomera.  The fence to be as previously specified in the contract between the parties.

ii)    Prior to constructing the rear fence, the respondent will remove and cart away, at its own cost, trees growing on the rear boundary.  The applicant will assist the respondent by trimming the rear boundary trees prior to removal.

iii)   Subject to the matters set out below, the respondent will construct a timber “good neighbour” fence on the southern boundary of the property at 7 Village High Crescent, Coomera, as previously specified in the contract between the parties. 

iv)  The respondent will construct the southern boundary fence for half the cost of construction of the fence in a range of $1,000.00 to $1,215.00, exclusive of GST, in accordance with its own quotation or a lower quotation obtained by the applicant to a minimum half cost of $1,000.00.

v)    Before construction of the fence, the applicant will obtain the adjoining owner’s consent to the fencing work and agreement to pay half the cost of construction of the fence in accordance with the quotation provided by the respondent or another fencing contractor selected by the applicant.

vi) Both quotations are to state the estimated cost of the fencing work to be carried out and include the cost of labour and materials. The applicant may then submit the quotations to the adjoining owner together with a Notice to Contribute for Fencing Work made under section 31 of the Neighbourhood Disputes Resolution Act 2011.

vii) Upon the applicant obtaining the value of half the cost of the fence from his neighbour, the applicant will immediately advise the respondent by email to [email protected], whereupon the respondent will commence construction of the rear and southern boundary fences no later than 8 weeks after the date of notification.

2.     The application is dismissed.

CATCHWORDS: Domestic building dispute

APPEARANCES and REPRESENTATION (if any):

APPLICANT: Self represented           

RESPONDENT:   Self represented

REASONS FOR DECISION

[1]This matter involves an application for an order that the respondent construct fencing in accordance with an HIA contract and addendum between the parties, dated 10 January, 2008.

[2]At the hearing of the matter the applicant sought an alternative order that the respondent pay to the applicant a sum of money sufficient to construct rear boundary fence and half the cost of constructing a southern boundary fence upon the basis that the cost of fencing had been paid to the respondent as part of the price for the contract works.  The respondent gave evidence that the value of fencing work not performed had been credited to the applicant upon completion.

[3]During the course of the hearing the parties held private discussions and indicated to the Tribunal that they had agreed to terms whereby the dispute between them could be resolved.  The parties agreed to the following orders being made by consent.

[4]Accordingly, I order by consent that:

i)     The respondent at its own cost construct a blue aluminium stepped fence to the rear boundary of the applicant’s property at 7 Village High Crescent, Coomera.  The fence to be as previously specified in the contract between the parties.

(i)    Prior to constructing the rear fence, the respondent will remove and cart away, at its own cost, trees growing on the rear boundary.  The applicant will assist the respondent by trimming the rear boundary trees prior to removal.

(ii)  Subject to the matters set out below, the respondent will construct a timber “good neighbour” fence on the southern boundary of the property at 7 Village High Crescent, Coomera, as previously specified in the contract between the parties. 

(iii) The respondent will construct the southern boundary fence for half the cost of construction of the fence in a range of $1,000.00 to $1,215.00, exclusive of GST, in accordance with its own quotation or a lower quotation obtained by the applicant to a minimum half cost of $1,000.00 exclusive of GST.

(iv) Before construction of the fence, the applicant will obtain the adjoining owner’s consent to the fencing work and agreement to pay half the cost of construction of the fence in accordance with the quotation provided by the respondent or another fencing contractor selected by the applicant.

ii) Both quotations are to state the estimated cost of the fencing work to be carried out and include the cost of labour and materials. The applicant may then submit the quotations to the adjoining owner together with a Notice to Contribute for Fencing Work made under section 31 of the Neighbourhood Disputes Resolution Act 2011.

iii)   Upon the applicant obtaining the value of half the cost of the fence from his neighbour, the applicant will immediately advise the respondent by email to [email protected], whereupon the respondent will commence construction of the rear and southern boundary fences no later than 8 weeks after the date of notification.

[5]I order that the application is dismissed.