Phoenix Form Pty Ltd v Remiche Pty Ltd t/as Darren Sander Building Design

[2024] QCAT 34

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Phoenix Form Pty Ltd v Remiche Pty Ltd t/as Darren Sander Building Design [2024] QCAT 34

PARTIES:

PHOENIX FORM PTY LTD

(applicant)

v

REMICHE PTY LTD T/AS DARREN SANDER BUILDING & DESIGN

(respondent)

APPLICATION NO/S:

BDL214-21

MATTER TYPE:

Building matters

DELIVERED ON:

24 January 2024

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member King-Scott

ORDERS:

The respondent Remiche Pty Ltd t/as Darren Sander Building Design pay to the applicant Phoenix Form Pty Ltd the sum of $85,797.32 by 4:00 pm 1 March 2024.

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – dispute between contractor and sub-contractor – variations not in writing – not a domestic building contract – dispute over variations

Queensland Civil and Administrative Tribunal Act 2009 (Qld)

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. I heard this matter on 4 November 2022. I delivered my decision on 17 November 2022.

2. I made the following orders:

   (a)The application by Phoenix Form Pty Ltd is allowed.

   (b)The counter-application by Remiche Pty Ltd t/as Darren Sander Building Design is dismissed.

   (c)Remiche Pty Ltd t/as Darren Sander Building Design pay Phoenix Form Pty Ltd the balance of invoices outstanding in a sum to be determined after receipt of further submissions by the parties.

   (d)The parties file and exchange submissions addressing the final orders to give effect to these reasons by 30 November 2022.

3. The parties provided their submissions, after several extensions of time, on 7 March 2023. Regrettably, I was unaware of receipt of the email containing the submissions, until very recently. I apologise to the parties for the oversight. 

4. The applicant submits that the amount owing is $73,402.94. I assessed the sum at $73,407.94.

5. The respondent does not address the matters raised in my decision but submits that they are not in a position to speculate what error the applicant may or may not have made. It only claims it was prepared to meet the claim made by the applicant.  

6. It alleges that the assessment is beyond that which has been claimed and goes beyond the jurisdiction of the Tribunal and it is a denial of natural justice to address a possibly inflated claim from that which was pleaded.

7. Although the amount claimed differed to the amount that I found to be payable that arose from the material that was filed by the parties and which the respondent had every opportunity to dispute at the hearing and, subsequently, in its submissions.

8. I allow the sum of $73,402.94.

9. The applicant claims interest on the said sum. It is not apparent what interest rate has been used. I have calculated interest on the Queensland Courts calculator at the Reserve Bank Interest pre-judgment and post-judgment rates to date. Interest amounts to $12,394.38. Comprising pre-judgment interest from 19 July 2021 to 17 November 2022 of $4,226.60 and post-judgment interest of $8,167.78.

10. I order that the respondent pay to the applicant the sum of $85,797.32 comprising the balance of invoices outstanding of $73,402.94 and interest of $12,394.38 by 4:00 pm 1 March 2024.