LeLievre v Dave King Building Services Pty Ltd

Stuart Gregory LeLievre initiated proceedings against Dave King Building Services Pty Ltd and David Warwick King, the latter being a director of the former, for defective work carried out under a home building contract. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT). The primary legal issue before the Tribunal was whether Dave King Building Services Pty Ltd was liable for the defective work and, if so, the appropriate amount of compensation.

The Tribunal found that Dave King Building Services Pty Ltd was indeed liable for the defective work, having breached the terms of the contract. The evidence presented demonstrated that the company failed to meet the standards outlined in the agreement, resulting in significant defects. The Tribunal meticulously reviewed the contractual obligations, the nature of the defects, and the costs associated with rectifying the issues. The Tribunal concluded that the compensation payable to Mr. LeLievre was $86,104.62. The Tribunal also dismissed the application against David Warwick King, finding no personal liability on his part.

The Tribunal issued detailed orders to govern the payment and costs process. Dave King Building Services Pty Ltd was ordered to pay the full compensation amount to Mr. LeLievre immediately. The application against David Warwick King was dismissed outright. The orders also outlined a specific procedure for any subsequent costs applications, stipulating deadlines for lodging and responding to such applications, and the conditions under which the Tribunal would consider the matter based on written submissions alone. This structured approach ensures that any further financial disputes are resolved efficiently within the Tribunal's framework.