Platinum Property Group Pty Ltd v Dilworth Constructions Pty Ltd

[2018] QCAT 428

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Platinum Property Group Pty Ltd v Dilworth Constructions Pty Ltd [2018] QCAT 428

PARTIES:

PLATINUM PROPERTY GROUP PTY LTD
(applicant)

v

DILWORTH CONSTRUCTIONS PTY LTD

(respondent)

APPLICATION NO/S:

BDL169-16

MATTER TYPE:

Building matters

DELIVERED ON:

18 December 2018

HEARING DATE:

15 September 2017

HEARD AT:

Maroochydore

DECISION OF:

Member Ann Fitzpatrick

ORDERS:

The Applicant Platinum Property Group Pty Ltd must pay the Respondent Dilworth Constructions Pty Ltd the sum of $25.00 within 21 days of the date of this decision.

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – OTHER MATTERS – building dispute – principal and subcontractor – defective work – offset cost of rectification and moneys owed under the contract – interest and penalty interest

Queensland Building and Construction Commission Act 1991 (Qld), s67P

REPRESENTATION:

Applicant:

Self-represented

Respondent:

Self-represented

APPEARANCES:

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. On 13 August 2018 a decision in this matter was handed down.  It was not possible to make final orders without further submissions in relation to the calculation of interest.

2. On 5 October 2018 the respondent filed submissions as directed. The applicant has not filed any submissions.

3. In the decision of 13 August 2018, I made the following orders in favour of the applicant:

   (a)the respondent pay to the applicant the sum of $5,272.85 by way of damages for breach of contract;

   (b)the respondent pay interest to the applicant in the sum of $1,782.66.

4. I found that the outcome of the proceeding will mean that the amount ordered in favour of the applicant in the amount of $7,055.51 will be offset against any amount ordered in favour of the respondent.

5. In relation to the counter-application, I found that the applicant must pay the sum of $4,404.38 to the respondent as money owed under the contract and that the respondent was entitled to penalty interest pursuant to s 67P of the Queensland Building and Construction Commission Act 1991 (Qld). I required submissions from the parties in relation to calculation of penalty interest.

6. The respondent calculated penalty interest in the sum of $2,676.13 by reference to the sum of 10% a year and the rate comprising the annual rate, as published by the Reserve Bank of Australia for 90-day bills. The interest rates were applied to the sum of $4,404.38 for the period 14 March 2015 to 13 August 2018. I am satisfied on the material filed by the respondent that the calculations are correct.

7. Accordingly, I order that the applicant pay the respondent the sum of $4,404.38 for moneys owed under the contract as a debt and pay interest in the sum of $2,676.13, totalling $7,080.51.

8. Given the respective awards I order that the applicant pay the respondent the sum of $25.00 within 21 days from the date of this decision.