Kay v 3D Design and Build Pty Ltd

Amber Kay filed a claim against 3D Design and Build Pty Ltd in the Civil and Administrative Tribunal of Queensland, seeking payment of an outstanding sum of $29,609.40. The dispute arose from a construction project where Kay was a subcontractor engaged by 3D Design and Build Pty Ltd. The core of the litigation centred on whether 3D Design and Build Pty Ltd had fulfilled its contractual obligations to Kay under the terms of their agreement.

The tribunal was tasked with determining whether 3D Design and Build Pty Ltd was liable to pay the outstanding amount claimed by Kay and, if so, the appropriate procedural steps for any subsequent costs application. The central legal issue was the interpretation of the contractual terms and whether the failure to pay the claimed amount breached those terms. Additionally, the tribunal needed to outline the procedural requirements for any future costs application as stipulated by the Civil and Administrative Tribunal Act 2013 and the Civil and Administrative Tribunal Rules 2014.

The tribunal found in favour of Kay, establishing that 3D Design and Build Pty Ltd had indeed failed to meet its contractual obligations. Consequently, it ordered 3D Design and Build Pty Ltd to pay Kay the sum of $29,609.40 immediately. Furthermore, the tribunal detailed the procedural steps for any future costs applications, stipulating that the application must be lodged within 21 days, with responses to be submitted within the same timeframe, and allowing the tribunal to make its decision based on the submitted documents. This decision not only resolved the immediate financial dispute but also provided a clear procedural framework for any subsequent applications related to costs.