Little v Morgan

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Little v Morgan [2018] QCAT 305

PARTIES:

BRYAN GORDON LITTLE
(applicant)

v

JAKE MORGAN

(respondent)

APPLICATION NO/S:

BDL234-17

MATTER TYPE:

Building matters

DELIVERED ON:

7 September 2018

HEARING DATE:

24 July 2018

HEARD AT:

Brisbane

DECISION OF:

Member King-Scott

ORDERS:

The Tribunal directs;

1.   Bryan Little pay Jake Morgan the sum of $1,222.20 by 4.00 pm on 5 October 2018;

2.   The parties to file written submissions in relation to costs. Such submissions, if any, to be filed by the Applicant by 21 September 2018 and by the Respondent by 30 September 2018.

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – PERFORMANCE OF WORK – GENERAL – unlicensed cabinet maker – rights of recovery – defective work

Queensland Building and Construction Commission Act 1991 (Qld)

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented

Respondent:

S Lamb, instructed by Garland Waddington Solicitors

REASONS FOR DECISION

1. Bryan Little, the homeowner, asked the son of some friends to build him a kitchen at a house that he, and his partner, Tracey, had recently agreed to purchase at 13-17 Peel Road, Ningi. The friend’s son, was Jake Morgan, the respondent. He was young and recently qualified as a cabinetmaker.

2. Mr Little, already, had obtained a quote for $11,000 from another kitchen installer. Before Mr Little completed the purchase of the house the parties were permitted, by the then owners, to inspect the kitchen and take measurements. That was during the month of June 2016. Mr Little provided the $11,000 quotation, with the estimate removed, as an indication of the scope of works required. Mr Morgan provided
   Mr Little with a concept sketch which Mr Little described as ‘excellent’. However, from that point on, he alleges the job fell apart because of poor planning, execution, poor communication and management. He, also, alleges the work was not done in a workman like manner.

3. These allegations are disputed by Mr Morgan.

4. The arrangement consists of a one-page handwritten document on the letterhead of Mr Morgan's parents’ business, A B Steel Suppliers. That entity denies any involvement and, Mr Morgan, concedes that he did not seek their permission to use the letterhead. I accept that A B Steel Supplies had no involvement, although,
   Mr Morgan used its premises as a workshop. The quotation, as written, was as follows:

   7-7-2016

   To Tracey

   replacement of bench tops plus
   colour board for doors and draws
   can not supplye handles but will
   fit rip out of half kitchen + replace
   with wall oven over head and draw
   bank’s if wanting glass doors and
   lights for overhead’s will be
   extra.

   Sub      $8,200.00  GST     $820.00   Total     $9,020.00

5. The offer was accepted by Tracey on 10 July 2016 and, a notation to that effect, was endorsed on the quotation.

6. Mr Morgan made it clear to Mr Little that he was employed on a full-time basis, so it would take at least four weeks to build the kitchen in his workshop outside normal working hours and, further time would be required to…