| CITATION: | K C Painting and Decorating v Jagger Pty Ltd & Anor [2013] QCAT 11 |
| PARTIES: | K C Painting and Decorating ABN 59 529 043 080 (Applicant) |
| v | |
| Jagger Pty Ltd (First Respondent) Earth Spirit Home Pty Ltd (Second Respondent) |
| APPLICATION NUMBER: | BDL201-11 |
| MATTER TYPE: | Building matters |
| HEARING DATE: | 18 December 2012 |
| HEARD AT: | Brisbane |
| DECISION OF: | David Paratz, Member |
| DELIVERED ON: | 9 January 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | Earth Spirit Home Pty Ltd pay to K C Painting and Decorating the amount of $8,555.65. |
| CATCHWORDS: | Construction – liable parties |
APPEARANCES and REPRESENTATION (if any):
| APPLICANT: | Self represented (Christel Doherty) |
| RESPONDENT: | Jagger Pty Ltd represented by Dale Cliff (MS & Cliff Lawyers) Earth Spirit Home Pty Ltd self represented by Brett Blacklow |
REASONS FOR DECISION
This is an application for monies owing for painting work done.
The Applicant is a business, KC Painting & Decorating (KC), run by Kevin Doherty and his wife Christel Doherty.
Statements of evidence have been filed on behalf of each party. It was agreed on the hearing of this matter that those statements would form the evidence in the matter, that each party would make oral submissions, and that I would then deliver my decision in writing.
The evidence consist of the following documents:
Statement of Kevin Doherty (on behalf of KC) – Filed 28 June 2012
Statement of George Nichols (on behalf of Jagger Pty Ltd) – Filed 31 July 2012
Statement of Brett Backlow (on behalf of Earth Spirit Home Pty Ltd) – Filed 14 November 2012
I heard oral submissions from each party.
In late 2010 and early 2011, KC did painting work on a group of houses being built at Wakerley.
This application is one of 5 separate actions that have resulted from the property development and events surrounding it. There are 2 actions in the Federal Magistrates Court, 2 actions in this Tribunal, and one action in the Supreme Court. It is a complicated and unfortunate litany of events.
KC has been caught up in greater events. Their basic position is simple – they performed painting work to the value of $8,555.65 and have not been paid for it. There is no challenge to the fact that KC performed the work, or that they are due the amount invoiced. Whilst there is a contention by Jagger Pty Ltd (Jagger) as to the work being of poor quality and requiring remediation, there is no material as to that, and no issue as to that in contention.
The unpaid invoices which constitute this claim were made out by KC to Jagger, and are as follows:
a) 7 February 2011 – $4,400.00
b) 7 February 2011 – $1,955.65
c) 25 March 2011 – $2,200.00
The question in this application is, who is responsible to pay KC for their work?
The matter concerns 10 houses which were to be built on land at Nile Close, Wakerley. The project was being undertaken by members of the Nichols family. The overall plan was for 5…
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- Case
- [2013] QCAT 11
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether Jagger Pty Ltd or Earth Spirit Home Pty Ltd was liable for payment of the Applicant's invoices. The Applicant had entered into a Period Subcontract with Earth Spirit Home Pty Ltd, and had been directed by the latter to issue invoices to Jagger Pty Ltd. The Applicant argued that Jagger Pty Ltd was liable for payment, while Earth Spirit Home Pty Ltd contended that it was not liable for the invoices issued to Jagger Pty Ltd.
The court found that there was a contractual relationship between K C Painting and Decorating and Earth Spirit Home Pty Ltd, and that the latter was liable for the uncontested invoices of the Applicant. The court noted that the Period Subcontract between the parties established a legal relationship, and that Earth Spirit Home Pty Ltd had assumed an active role in directing and supervising the Applicant's work, consistent with that of a head contractor. Furthermore, an email sent by Debra Nichols on behalf of the Nichols family appointed Earth Spirit Home Pty Ltd as the responsible entity for the construction of the premises, which Earth Spirit Home Pty Ltd did not dispute and acted in accordance with.
Therefore, the court concluded that Earth Spirit Home Pty Ltd was liable for payment of the Applicant's invoices, and ordered Earth Spirit Home Pty Ltd to pay K C Painting and Decorating the amount of $8,555.65.
In summary, the court found that Earth Spirit Home Pty Ltd was liable for payment of the Applicant's invoices, and ordered Earth Spirit Home Pty Ltd to pay K C Painting and Decorating the amount of $8,555.65. The court found that there was a contractual relationship between the parties, and that Earth Spirit Home Pty Ltd had assumed a legal relationship with the Applicant by entering into the Period Subcontract and directing and supervising the Applicant's work.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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