Lin v Maboudi t/as Vakuke Pty Ltd

CITATION: Lin v Maboudi t/as Vakuke Pty Ltd [2015] QCAT 79

PARTIES:	Angela Shun Jy Lin (Applicant)
v
Saied Maboudi t/as Vakuke Pty Ltd (Respondent)

APPLICATION NUMBER: BDL106-14

MATTER TYPE: Building matters

HEARING DATE: 16 February 2015

HEARD AT: Brisbane

DECISION OF: Member Deane

DELIVERED ON: 11 March 2015

DELIVERED AT: Brisbane

ORDERS MADE:

1.    Vakuke Pty Ltd is to pay Angela Shun Jy Lin the sum of $13,517.72.

2.    Vakuke Pty Ltd is to pay Angela Shun Jy Lin interest on the sum of $11,569.22 from 9 October 2013 until that sum is paid at the rate of $1.60 per day.

3.    Vakuke Pty Ltd is to provide or cause Saied Maboudi to provide a written authority to Angela Shun Jy Lin to authorise her to seek a refund from the Queensland Building and Construction Commission in respect of insurance paid.

4.    Vakuke Pty Ltd is to provide or cause Saied Maboudi to provide a written authority to Angela Shun Jy Lin to authorise her to seek a refund in respect of Q Leave Levy paid.

5.    Each party is to bear their own costs.

CATCHWORDS:

DOMESTIC BUILDING DISPUTE – claim for refund of moneys paid – withdrawal by homeowner from contract – builder’s licence suspended at time ‘contract’ signed – whether contract formed

COSTS – exercise of broad general discretion

Domestic Building Contracts Act 2000 (Qld), s 27, s 29, s 72, s 74, s 76, s 77, s 92
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 28, s 100, s 102
Queensland Building and Construction Commission Act 1991 (Qld), s 38, s 42, s 53A, s 77

Smith Developments Pty Ltd v Maybrey Pty Ltd and Ors [2012] QCAT 234
Cascol Constructions Pty Ltd v Blanchard and Anor [2013] QCAT 270

Cook’s Construction P/L v SFS 007.298.633 P/L (formerly trading as Stork Food Systems Australasia P/L) [2009] QCA 75
Lyons v Dreamstarter Pty Ltd [2011] QCATA 142

APPEARANCES:

APPLICANT: Angela Shun Jy Lin

RESPONDENT: Saied Maboudi t/as Vakuke Pty Ltd

REPRESENTATIVES:

APPLICANT: Mr Trevis Mckewen

RESPONDENT: Mr Saied Maboudi, director of Vakuke Pty Ltd

REASONS FOR DECISION

1. Ms Lin seeks a refund of all moneys paid, costs in the sum of $421.30 and interest at the rate of 5.05% per annum on the sum of $16,740 from 15 July 2013 because:

   a)    Vakuke’s building licence was suspended as at 9 July 2013 when the contract document was signed;

   b)    she withdrew from a building contract with Vakuke under the Domestic Building Contracts Act 2000 (Qld) (‘DBC Act’);

   c)    the contract document signed was not complete and therefore was not valid;

   d)    Vakuke breached a number of statutory provisions.

2. Vakuke denies that all moneys paid are refundable. It contends that:

   a)    it was not engaged to perform all of the work;

   b)    most of the work was performed by Bana Consulting Engineers Pty Ltd, an engineering company;

   c)    third parties were engaged and paid out of the moneys received;

   d)    its building licence was…