Luo v Homecorp Constructions Pty Ltd

[2025] QCAT 51

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Luo v Homecorp Constructions Pty Ltd [2025] QCAT 51

PARTIES:

LIAM LUO

(applicant)

v

HOMECORP CONSTRUCTIONS PTY LTD

(respondent)

APPLICATION NO:

BDL292-23

MATTER TYPE:

Building matters

DELIVERED ON:

29 January 2025

HEARING DATE:

On the papers

DECISION OF:

Member Taylor

ORDERS:

1.     The applicant’s Application for Domestic Building Dispute filed 12 September 2023 is dismissed.

CATCHWORDS:

CONTRACTS – BUILDING ENGINEERING AND RELATED CONTRACTS – OTHER MATTERS – where a home owner entered into a building contract to construct a house on land which at the time of contract was not a registered lot – where the owner had paid a deposit under that building contract – where the building contractor went into liquidation before construction of the house commenced – where the owner subsequently entered into a new building contractor with a second contractor – where the second contractor did not require payment as deposit under the second building contract of the amount the owner had paid as a deposit under the first building contract - where the land was subject of a contract of purchase with a sunset date attached to it – where the lot was not registered by the sunset date resulting in the land sale contract being terminated – where the second building contract was subsequently terminated – where the homeowner sought a refund from the second building contractor of the deposit paid under the first building contract – where the owner relied on terms of the second building contract as the premise for the refund claim – where the owner’s action was a renunciation of the second building contract – where the second contractor accepted that action and terminated the contract – where in the alternative the parties mutually discharged the contract - whether the second building contractor is liable to the owner for the amount of the deposit paid under the first building contract

Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR 115

Shevill v Builders Licensing Board (1982) 149 CLR 620

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. There are four proceedings in this Tribunal that ran together, each premised on similar facts and circumstances. Whilst the applicants are different, they all involve the same respondent. This is one of them. The others are BDL 286-23 – Cai v Homecorp;  BDL 287-23 – Chen v Homecorp; and BDL 291-23 – Zhang & Anor v Homecorp.

2. The material filed for each of the applicants in the four matters was effectively identical in its format and content save only for the unique references therein to names of the applicants, the relevant property addresses, and dates and details of relevant contract and corresponding events.[1] Given such, I infer it was prepared by the same advisor to the applicants, and as will be apparent on reading of these reasons I infer that each of the…