Lyons v Dreamstarter Pty Ltd t/as Protec Builders

[2012] QCATA 273

QCAT

Queensland Civil and Administrative Tribunal

DECISION

Case number:                   APL086-12

Applicant:  Mr Andrew Lyons

Respondent:  Dreamstarter Pty Ltd t/as Protec Builders Before:              Justice Alan Wilson, President

Date:  14 September 2012

Corrected pursuant to section 135 of the Queensland Civil and Administrative Tribunal Act 2009 on 26 November 2012.

Proceeding Type:            On the papers

IT IS THE DECISION OF THE TRIBUNAL THAT, BY CONSENT:

1.Mr Lyons is granted leave to appeal against the first and second orders made by Senior Member Stilgoe on 15 February 2012 in BDL 222-10.

2.The appeal be allowed and that the first and second orders made by Senior Member Stilgoe on 15 February 2012 in BDL222-10 be set aside and in lieu thereof substitutes the following:

(1)The claim brought by Dreamstarter Pty Ltd in application BDL222-10 is dismissed;

(2)It is declared that Andrew Lyons:

(a)   terminated the contract between Andrew Lyons and Dreamstarter Pty Ltd dated 20 June 2009 as varied ("the Contract") validly on 3 December 2009 for Dreamstarter Pty Ltd's default;

(b)    terminated the agreement constituted or evidenced by Variation 1 dated 14 October 2009 and 21 October 2009 validly on 3 December 2009 for · Dreamstarter Pty Ltd's default.

(c)   Liability to Dreamstarter Pty Ltd under the Contract at the date of termination of the Contract was nil; and

(d)   Reasonable cost of completing the Contract following termination exceeds

$435,000."; and

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QCAT

Queensland Civil and Administrative Tribunal

3.Dreamstarter Pty Ltd pay Andrew Lyons' costs of and incidental to the application for leave to appeal and appeal on the District court scale upon an indemnity basis and directs that these costs be fixed in accordance with a costs report prepared by Mr Stephen Hartwell, costs assessor, or such other costs assessor as may be nominated by Mr Lyons; and

4.The Directions Hearing listed for 20 September 2012 is vacated.

For more information on QCAT

Call 1300 753 228 or visit Box 1639, Brisbane Qld 4001 Fax: [phone]

Email: [email protected] ABN: 13 846 673 994

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