Hansen v Jarvis t/as Kitchen Perfection Qld
[2025] QCAT 398
•21 October 2025
QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Hansen & Anor v Jarvis t/as Kitchen Perfection Qld [2025] QCAT 398
PARTIES: GERRY LINCOLN HANSEN
(APPLICANT)
FIONA MICHELLE LAWTON
(APPLICANT)
v
GEOFFREY ANDERSON JARVIS T/A KITCHEN PERFECTION QLD
(RESPONDENT)
APPLICATION NO/S:
BDL338-24
MATTER TYPE:
Domestic Dispute
DELIVERED ON:
21 October 2025
HEARING DATE:
2 September 2025
HEARD AT:
Brisbane
DECISION OF:
Member S M Burke
ORDERS:
The Respondent is to make payment to the Applicants the sum of $22,409.50 on or before 1 December 2025.
CATCHWORDS: CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMEDIES FOR BREACH OF CONTRACT – MEASURE OF DAMAGES – where builder partly performed building work – where allegation of failure to supply – termination of contract – failure of party to comply with directions – failure of party to deliver sufficient evidence before the Tribunal
Queensland Building and Construction Commission Act 1991 (Qld), s 77
Robinson v Harman [1848] Eng R 135
APPEARANCES & REPRESENTATION:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld)
REASONS FOR DECISION
By application filed 30 September 2024, the Applicants sought the amount of $22,030.00 being the refund of a payment made by the Applicants to the Respondent for the supply of a stone benchtop which was not supplied or installed as required by a contract entered into by the Applicants and the Respondent on or about 9 May 2023.
The contract was for the sum of $114,980.00 for building works to be carried out at the Applicant’s residence at 2 Keith Street, Macleay Island.
The contract works commenced on 9 April 2024 and were terminated by the Applicants on or about 10 August 2024 following an alleged statement by the Respondents that he did not intend to complete the contract works.
In addition, the Applicants sought the amount of $379.50 for payment of their costs of the filing fee for the application.
The Directions and Compliance
On 18 October 2024, the Tribunal delivered directions regarding the delivery of evidence by each of the parties in accordance with QCAT Practice Direction 8 of 2009.
The Applicants complied with the directions of 18 October 2024 and delivered the evidence on which it intended to rely by 24 October 2024.
No material was delivered by the Respondent in compliance with the directions dated 18 October 2024.
Further directions were made by the Tribunal requiring the Applicants to provide evidence of service of the application on the Respondent. The Applicants complied with this direction on 6 January 2025.
No further material was delivered by the Respondent in response to the application as required by 7 February 2025.
Pursuant to directions of the Tribunal dated 27 February 2025, the compulsory conference due to be held on 9 April 2025 was vacated due to the Respondent’s failure to comply with directions made 17 December 2024 regarding the delivery of material and statements.
Pursuant to the directions of 27 February 2025, it was determined that the proceeding would be determined on the papers without an oral hearing and on the basis of the written submissions of the parties.
As no material has been submitted by the Respondent, in accordance with the directions of the Tribunal on 27 February 2025, the Tribunal proceeds to assess the Applicant’s claim based on the material on which the Applicant relies.
The Applicant’s evidence is uncontested despite the Respondent receiving all the material delivered by the Applicant to the Tribunal.
The Contract
The builder engaged by the Applicants for the construction of the house was Classy Homes Pty Ltd and subsequently Samlock Constructions Pty Ltd, after Classy Homes Pty Ltd went into liquidation.
A written contract was entered into on 9 May 2023 between the Applicants, as owners, and the Respondent, as kitchen supplier, for the design, delivery and installation of kitchens (internal and alfresco), laundry and bathroom cabinets with stone benchtops, wardrobes and a built-in entertainment unit at 2 Keith Street, Macleay Island.
The contract price was $121,590.00. Payments were made by the Applicants including a 10% deposit on 2 March 2023 and further payments of $53,603.50 on 17 May 2023 and $23,000.00 on 6 October 2023.
On 10 July 2024, the value of the contract works was amended to $114,980 as agreed between the parties.
At about the time of the amendments, which resulted from the removal of a built-in desk and bookshelf from the original plans, it was agreed that the Applicants would pay the full contract amount less $3,500.00 to be paid on final completion.
Two further amounts were paid by the Applicants in the amount of $28,637.50 on or about 11 July 2024.
Installation of the vanity cabinets, kitchen and bar cabinetry, wardrobes, laundry and the alfresco kitchen was carried out between 15 May 2024 and 18 July 2024.
The installation date for the stone kitchen benchtops was estimated to be completed by 1 August 2024.
On or about 29 July 2024, the Respondent evinced an intention not to continue with the contract works and advised that he would not be supplying the kitchen stone benchtop.
On 30 July 2024, the Applicants issued a Notice to Remedy to the Respondent with a deadline of 9 August 2024 to complete the stone installation. No response was forthcoming.
As at 29 July 2024, the Respondent had paid the amount of $111,480.00 which included $25,530.00 for the stone benchtop.
On 31 July 2024, the Respondent verbally advised the builder that he would not be installing the stone benchtop and that the owners would be refunded the moneys paid for the stone.
By notice dated 10 August 2024, the Applicants accepted the Respondent’s repudiation of the contract and terminated the contract due to the Respondent’s refusal to deliver and install the stone benchtops which formed part of the contract works and for which payment had been made.
The Applicants received no response from the Respondent in relation to the Notice to Remedy dated 30 July 2024 nor the Notice of Termination dated 10 August 2024.
Claim
The Applicants have provided a detailed statement dated 22 November 2024 attaching the contract, all receipts, all communications with the Respondent, and notices including the Notice to Remedy and the Notice of Termination.
I am satisfied, on the material provided, that the Respondent has failed to fulfill the contract and supply the kitchen stone benchtops in accordance with the contract.
I am further satisfied that the Respondent has been paid for the stone bench tops which have not been delivered and that the Applicants are entitled to be refunded the amount incurred for the benchtops.
Accordingly, I am satisfied that the Applicants are entitled to a refund for the monies paid for which they have not received any goods.
Orders
The Respondent is to make payment to the Applicants the amount of $22,030.00 claimed as a refund for the amount paid for goods paid for in advance and not received.
The filing fee for the application in the amount of $379.50 is to be paid by the Respondent to the Applicants.
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