Nagra v Mowen

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Nagra v Mowen [2025] QCAT 336

PARTIES:

RAVINDER KAUR NAGRA

(applicant)

v

CONOR ALEXANDER MOWEN T/A OPTIMAL LANDSCAPING SOLUTIONS

(respondent)

KIERAN JOHN MOWEN

(respondent)

APPLICATION NO/S:

BDL221-23

MATTER TYPE:

Building matters

DELIVERED ON:

8 September 2025

HEARING DATE:

29 August 2025

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

Conor Alexander Mowen pay Ravinder Kaur Nagra the sum of $24,265 for claim plus costs of $379.50 within 7 days of Order.

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – PERFORMANCE OF WORK – where the first respondent agreed to construct retaining walls for the applicant – where there was no contract in writing entered into and therefore no effective contract between the parties – where the first respondent was not licensed to do building work – where the first respondent was not entitled to retain the monetary consideration paid by the applicant for the work – where the work was performed poorly – where the applicant was entitled to claim damages for economic loss caused by the first respondent’s negligent performance of building work

Queensland Building and Construction Commission Act 1991 (Qld), s 42, s 93, Schedule 1B s 14

Queensland Civil and Administrative Tribunal Rules 2009 (Qld), r 41

Chau’s & Sons Pty Ltd t/as Holiday Air Conditioning and Refrigeration Qld v Karam [2024] QCAT 476

Cook’s Construction Pty Ltd v SFS 007.298.633 Pty Ltd [2009] QCA 75

APPEARANCES & REPRESENTATION:
Applicant:	Self-represented
First Respondent:	No appearance

Second Respondent:

No appearance

REASONS FOR DECISION

1. On 17 April 2023 Ms Nagra (‘the applicant’) obtained a quotation from Conor Mowen (‘the first respondent’) trading as Optimal Landscaping Solutions for landscaping work to be performed at her property at Narangba.

2. The work involved building a steel post and sleeper retaining wall and a separate concrete block retaining wall, the laying of turf and the removal of certain structures in the yard.

3. The quoted cost of the work was $28,500.

4. The applicant paid a deposit of $8,000 on 19 April 2023 then further amounts of $6,250 on 22 April 2023 and $7,125 on 24 April 2023, in total $21,375.

5. The first respondent started work on the retaining walls with his brother, the second respondent, on 21 April 2023.

6. The applicant became concerned with the quality of the work being done including the depth of the galvanised posts and use of chipped, broken and cracked retaining wall blocks of inconsistent size and the wrong colour.

7. The first respondent was asked to adhere to the quoted work. In response the first respondent demanded payment of the balance of $7,125 not due until completion of the work. That money was not paid and the two respondents started removing retaining wall blocks and turf until police were called.

8. The respondents left the site and have not returned.

9. The applicant filed a domestic building dispute application against both respondents claiming $25,000 damages.

The proceedings

1. Neither respondent has engaged in the proceedings. Neither respondent filed a response to the claim served on…