Masterglass Facades Pty Ltd v Pollak

Masterglass Facades Pty Ltd initiated proceedings against Joseph Pollak in the Queensland Civil and Administrative Tribunal, seeking compensation for work performed under a building contract. Masterglass provided services for the installation of glass facades but experienced issues when the glass panels did not conform to specifications. This led to a dispute over the amount owed and the quality of work completed.

The central legal issues were the determination of the amount owed under the contract and the assessment of the diminution in value of the work performed due to the temporary disconformity. The court had to consider whether the payment of a quantum meruit was appropriate, given the incomplete and non-compliant nature of the work delivered. Additionally, the court needed to decide if the disconformity was temporary and whether it justified a reduction in the amount owed.

In its decision, the tribunal found that while there was a temporary disconformity, Masterglass had substantially performed the contract. The tribunal considered it just and equitable to compensate Masterglass for the work done, less the diminution in value caused by the disconformity. The tribunal calculated the amount owed based on the contract terms and the evidence provided, resulting in a final sum of $16,136.00, including GST. The tribunal also determined that each party bear their own costs for the proceedings.

The orders required Joseph Pollak to pay Masterglass the calculated amount immediately, while also stipulating that each party was responsible for their own costs incurred during the litigation.