Legends Build Group Pty Ltd v Timings - [2025] QCAT 48

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Legends Build Group Pty Ltd v Timings [2025] QCAT 48

PARTIES:

LEGENDS BUILD GROUP PTY LTD

(applicant)

v

PHILIP TIMINGS

(first respondent)

TARYN TIMINGS

(second respondent)

APPLICATION NO/S:

BDL176-22

MATTER TYPE:

Building matters

DELIVERED ON:

31 January 2025

Amended 6 February 2025 under 135(1)(b) and s 135(2) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

HEARING DATE:

31 October 2024

HEARD AT:

Cairns

DECISION OF:

Member Taylor

ORDERS:

1.     The Tribunal record is corrected to amend the name of the respondent to be shown as two respondents, namely ‘Philip Timings’ and ‘Taryn Timings’.

2.     The applicant’s claim is dismissed.

3.     The respondent is otherwise relieved from paying any amount to the applicant for work the applicant performed installing bi-fold doors to their house.

4.     The applicant is to pay the respondents $6,500.00.~~$7,500.00.~~

5.     Upon satisfaction of Order 4 herein, at a time to be agreed in writing between the parties, such agreement not to be unreasonably withheld:

(a)     the applicant, via a person other than Mr Ingmar Kappenberger, is to collect from the respondents’ house the set of bi-fold doors delivered there on the applicant’s behalf in December 2021, such doors being as described in and the subject of Cairns Hardware Invoice 21738357 dated 7 December 2021; and

(b)     the respondents are to provide unimpeded access to the applicant to do so.

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – PERFORMANCE OF WORK - GENERAL – REMUNERATION – RECOVERY – a home owner contracted with a building contractor for the installation of a set of bi-fold doors, supplied by the owner, in the owner’s home – the contractor’s work was unsatisfactory, incomplete, and the doors were damaged beyond repair – the contractor, acting on its own volition, supplied replacement doors – the replacement doors were not to the owner’s satisfaction because they were not the same as the doors supplied and were not pre-finished – the contractor refused to carry out any more work and complete the contract – the contractor issued an invoice to the owner for the amount of the contract and the cost to it of the replacement doors plus sundry charges – the owner refused to make any payment to the contractor – the contractor pressed the full amount of its claim in the Tribunal

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – PERFORMANCE OF WORK – REMEDIES FOR BREACH OF CONTRACT – DAMAGES – MEASURE OF – a home owner contracted with a building contractor for the installation of a set of bi-fold doors, supplied by the owner, in the owner’s home – the contractor’s work was unsatisfactory, incomplete, and the doors were damaged beyond repair – the contractor, acting on its own volition, supplied replacement doors – the replacement doors were not to the owner’s satisfaction because they were not the same as the doors supplied and were not pre-finished – the contractor refused to carry out any more work and complete the contract…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] QCAT 48
Decision Date: 31 January 2025 Amended 6 February 2025 under 135(1)(b) and s 135(2) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

CaseChat Overview and Summary

Legends Build Group Pty Ltd brought an action against Philip and Taryn Timings in the Queensland Civil and Administrative Tribunal, seeking payment for work performed on the Timings' home. The work in question involved the installation of a set of bi-fold doors, which were supplied by the Timings. However, the contractor's work was deemed unsatisfactory, incomplete, and the supplied doors were damaged beyond repair. Legends Build Group replaced the doors on its own accord, but the replacement doors were not to the Timings' satisfaction, leading to a dispute over payment.

The central issue was whether the Timings were liable to pay for the work performed by Legends Build Group, despite the unsatisfactory outcome. Additionally, the court had to determine if the Timings were entitled to damages for the cost of having the defective work removed and replaced. The Timings provided a quote for the work required to rectify the issue, but no witness was presented to attest to the accuracy of the quote, nor was any witness cross-examined by Legends Build Group.

The Tribunal found that Legends Build Group was not entitled to any payment for the work performed, as it had breached the terms of the contract. The Tribunal also found that the Timings were not entitled to any damages for the cost of rectifying the work, as they had not provided sufficient evidence to substantiate their claim. The Tribunal dismissed Legends Build Group's claim and ordered them to pay the Timings $6,500.00. Furthermore, upon satisfaction of this order, Legends Build Group was to collect the set of bi-fold doors from the Timings' home, with the Timings providing unimpeded access for this purpose.

Orders

Orders of the court

1. The Tribunal record is corrected to amend the name of the respondent to be shown as two respondents, namely ‘Philip Timings’ and ‘Taryn Timings’.

2. The applicant’s claim is dismissed.

3. The respondent is otherwise relieved from paying any amount to the applicant for work the applicant performed installing bi-fold doors to their house.

4. The applicant is to pay the respondents $6,500.00.$7,500.00.

5. Upon satisfaction of Order 4 herein, at a time to be agreed in writing between the parties, such agreement not to be unreasonably withheld:

(a) the applicant, via a person other than Mr Ingmar Kappenberger, is to collect from the respondents’ house the set of bi-fold doors delivered there on the applicant’s behalf in December 2021, such doors being as described in and the subject of Cairns Hardware Invoice 21738357 dated 7 December 2021; and

(b) the respondents are to provide unimpeded access to the applicant to do so.

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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