Lift and Load Removalist Pty Ltd v Anna Hamwood

The case of Lift and Load Removalist Pty Ltd v Anna Hamwood involved a dispute between the removalist company and a customer, Ms Hamwood, regarding a furniture removal service. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT) and subsequently appealed to the Queensland Court of Appeal. The central issue in the case was whether the removalist company was bound by an estimate provided to the customer, and if the company's employee had the authority to vary the terms of the contract. Additionally, the court had to determine whether a refund was available to the customer in the circumstances of the case.

The court found that the terms of the contract, including the extras clause, were not properly disregarded. The tribunal had overlooked the written notice of the extras clause, which was acknowledged by Hamwood's signature on the Customer Data Sheet. The court held that the employee of the company did not have the authority to vary the terms of the contract, and that the company was bound by the estimate provided to the customer. The court also found that a refund was not available to the customer, as she had not made any complaint about the amount charged until after the service had been completed.

The court allowed the appeal on a limited basis, reducing the award against the appellant company. The court set aside the orders made by the tribunal and ordered that the removalist company pay the customer $4,135.65, which included compensation for items damaged or not delivered and the filing fee for the application. The court also granted leave to appeal on the limited basis noted in Order 3 of the judgment.