Mair Renovations v Miller

Mair Renovations appealed against a decision of a Member of the Queensland Civil and Administrative Tribunal (QCAT) that dismissed their application to recover costs for additional flooring works on an upstairs area of a house. The Member had found that the contract price for the work was not increased to cover the additional flooring, and therefore the claim was limited to the maximum statutory amount of $8,087.00. The Member also found that the builder was not entitled to an indemnity for the non-inclusion of the upstairs flooring because it was the builder’s own failure to comply with the statutory and contractual obligations that led to the dispute. The Member further found that the builder was not entitled to interest on the variations because the variations arose from a statutory right of restitution, and each party must pay contractual interest on any money it ‘owes the other party’.

The court considered whether the Member had erred in law or made findings that were open on the evidence. The court found that the Member’s reasons were adequate and that the findings were open on the evidence. The court also found that the Member correctly applied the ‘order of precedence’ for interpreting the contract documents, and that the indemnity clause could not operate to confer greater entitlement than allowed under the Act. The court further found that there was no substantial injustice even if the indemnity clause had not been properly applied. The court also found that the Member did not err in not awarding interest because the variations arose from a statutory right of restitution, and each party must pay contractual interest on any money it ‘owes the other party’. The court concluded that there were no grounds to grant leave to appeal as no error by the Member caused substantial injustice or raised a question of public importance.

The appeal was dismissed, and leave to appeal was refused. The decision of the Member was affirmed, and the builder was not entitled to recover the additional costs for the upstairs flooring, an indemnity for the non-inclusion of the upstairs flooring, or interest on the variations. The builder was only entitled to the maximum statutory amount of $8,087.00 for the variations.