| CITATION: | MacDonald v Queensland Building and Construction Commission [2014] QCAT 158 |
| PARTIES: | Jonathon Stewart MacDonald (Applicant) |
| v | |
| Queensland Building and Construction Commission (Respondent) |
| APPLICATION NUMBER: | GAR019-12 |
| MATTER TYPE: | General administrative review matters |
| HEARING DATE: | 24 July 2013, 18 October 2013, 30 October 2013 and 30 January 2014 |
| HEARD AT: | Brisbane |
| DECISION OF: | Member Howard |
| DELIVERED ON: | 11 April 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The decision of the Queensland Building and Construction Commission is set aside. 2. The Tribunal substitutes its own decision that the homeowners did not validly terminate the contract on 19 August 2008. |
| CATCHWORDS: | REVIEW PROCEEDING – TERMINATION OF BUILDING CONTRACT – where homeowners made numerous requests for additional work – where no formal variations agreed – where limited extensions of time sought – whether builder suspended works – whether builder’s actions collectively constituted repudiation of contract which home owners were entitled to accept – whether conduct of homeowner’s disentitled them to accept repudiation of builder – whether contract validly terminated by homeowners EVIDENCE – whether rule in Jones v Dunkel should be applied against builder – where builder failed to call independent corroborative evidence Domestic Building Contracts Act 2000 (Qld), s 66, s 92, s 93 ACN 096 278 483 Pty Ltd v Vercorp Pty Ltd [2011] QCA 189 |
APPEARANCES and REPRESENTATION (if any):
| APPLICANT: | Mr MacDonald represented himself. |
| RESPONDENT: | Mr B S Turnbull of HWL Ebsworth Lawyers represented the Queensland Building and Construction Commission |
REASONS FOR DECISION
Mr MacDonald is an experienced builder who has held a building license since 1989. On 23 August 2007, he entered into a domestic building contract with Ms Gail Poppenk and Mr Wezley Perkins (‘the owners’ or ‘the…
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- Case
- [2014] QCAT 158
- Decision Date
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