QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Leeds v Turner t/as design2BUILD [2020] QCAT 300
PARTIES:
CHRISTINE JOY LEEDS
(applicant)v
CHRIS TURNER t/as design2BUILD
(respondent)
APPLICATION NO/S:
BDL290-19
MATTER TYPE:
Building matters
DELIVERED ON:
5 August 2020
HEARING DATE:
3 August 2020
HEARD AT:
Brisbane
DECISION OF:
Member Hughes
ORDERS:
The application is dismissed.
CATCHWORDS:
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – where claim for defective or incomplete work – where lack of evidence of defective building work sufficient to establish breach of agreement, breach of duty, causation and quantum
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 28
Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
Briginshaw v Briginshaw (1938) 60 CLR 336
Clarke v Cascade Pools (Qld) Pty Ltd [2010] QCAT 323
Creek v Raine & Horne Mossman [2011] QCATA 226
Harris v Foxworth Pty Ltd [2013] QCATA 133
Rayner & Anor v Trabme Pty Ltd t/as Elders Redcliffe [2013] QCATA 212APPEARANCES & REPRESENTATION:
Applicant:
Self-represented
Respondent:
Self-represented
REASONS FOR DECISION
What is this Application about?
Christine Leeds claims that building work performed for her by Chris Turner trading as ‘design2BUILD’ was defective and incomplete. She seeks a number of remedies, which may or may or not be within the Tribunal’s jurisdiction. Certainly, the Tribunal can order rectification or a refund.
What is the basis of the claim?
For the Tribunal to order rectification or a refund, Ms Leeds would need to address a number of fundamental issues:
(a)What was the Agreement?
(b)What is said to be defective?
(c)How is it defective?
(d)What is each defect worth?
Alternatively, Ms Leeds would need to claim damages in negligence based on a duty of care owed to her by Mr Turner. As this claim would be based in pure negligence, Ms Leeds would need to address other fundamental issues:
(a)Did Mr Turner owe her a duty of care?
(b)If so, what was the scope of the duty?
(c)Did Mr Turner breach the duty?
(d)Did the breach cause loss?
Is there sufficient evidence to support the claim?
The difficulty for Ms Leeds is the lack of a coherent formulation of her claim and lack of evidence to support the essential elements of her claim.
The Agreement was comprised of a quote,[1] an invoice,[2] general tender specifications, inclusions and plans and a Transfer Payment Request.[3] This is also sufficient to establish that Mr Turner owed Ms Leeds a duty of care.
[1]Quote dated 10 April 2019.
[2]Invoice dated 7 February 2019.
[3]Transfer Payment Request dated 11 February 2019.
However, no cogent or credible evidence of defective building work was provided to establish a breach of the Agreement or a breach of duty.[4] No evidence of causation was adduced. The only independent evidence of the standard of workmanship was a report from the Queensland Building and Construction Commission that did not identify any defective workmanship.[5] Ms Leeds provided no expert evidence of her own to refute this.
[4]The work was completed on 1 June 2019.…
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- Case
- [2020] QCAT 300
- Decision Date
CaseChat Overview and Summary
In considering these issues, the Tribunal noted that Ms Leeds' claim was poorly formulated and lacked sufficient evidence. The Tribunal found that the agreement was adequately documented, and that it was clear that Mr Turner owed Ms Leeds a duty of care. However, Ms Leeds failed to provide any cogent or credible evidence of defective building work, and there was no evidence of causation or the value of any alleged defective work. The Tribunal concluded that the claim was insufficiently supported by evidence, and could not be awarded without proof of the amount and how it was calculated.
The Tribunal dismissed the application and noted that parties must take responsibility for the preparation of their own case. The Tribunal is not bound by the rules of evidence but must act fairly and according to principles of natural justice. Ms Leeds must establish her case against Mr Turner and prove her claim to the reasonable satisfaction of the Tribunal.
The final orders of the Tribunal were that the application is dismissed.
Orders
Orders of the court
The application is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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