ROBERTS v VIVEKANANDA (Civil Dispute)

ACT CIVIL & ADMINISTRATIVE TRIBUNAL

ROBERTS v VIVEKANANDA (Civil Dispute) [2020] ACAT 67

XD 1286/2019

Catchwords:               CIVIL DISPUTE – terms of the agreement a mixture of written and oral – sources used to identify the terms of the contract – whether there was a breach of contract – quantum meruit – what is a fair and reasonable amount of compensation

Legislation cited:        Australian Consumer Law s 60

Cases cited:Madiana (owner of Steamship) v Comet (owner of Lightship)[1900] AC 113

Mann v Paterson Constructions Pty Ltd [2019] HCA 32
GEC Marconi Systems Pty Limited v BHP Information Technology Pty Limited [2003] FCA 50

List of

Texts/Papers cited:     Peter Edward Nygh and Peter Butt, Butterworths Australian Legal Dictionary (Lexis Nexis, 1997)

Tribunal:  Senior Member J Lennard

Date of Orders:  3 September 2020              

Date of Reasons for Decision: 3 September 2020   

AUSTRALIAN CAPITAL TERRITORY          

CIVIL & ADMINISTRATIVE TRIBUNAL  XD 1286/2019

BETWEEN:

DEAN ROBERTS

Applicant

AND:

RAVI VIVEKANANDA

Respondent

TRIBUNAL:     Senior Member J Lennard

DATE:3 September 2020

ORDER

The Tribunal orders that:

1. The respondent shall pay to the applicant, within 7 days of the date of these orders the amount of $15,889.27 being

   (a)$13,809.37;

   (b)Interest in accordance with the Court Procedure Rules 2006 on $13,809.37 from 22 August 2018 to the date of these orders $1,507.4; and

   (c)ACAT filing fee of $572.50.

………………………………..

Senior Member J Lennard

REASONS FOR DECISION

Introduction

1. This case demonstrates the problems of entering into a complicated building contract without clear communication as to essential terms of the agreement.

2. The respondent was constructing a house for himself and his wife to occupy as their primary residence as an ‘owner builder’. The respondent was ‘project managing’ the building work. The construction commenced in August 2016.

3. First contact between the parties was in August 2016, when a quotation for metal roofing work to commence in January 2017, was supplied by the applicant to the respondent. The respondent informed the applicant in January 2017 that work was delayed in that the respondent would contact the applicant when he could commence work.

4. In June 2018, the parties entered into a contract in relation to premises being constructed by the respondent at block 15, section 43, Mawson in the ACT.

5. The only document relating to the contract is a quotation dated the 12 February 2018. The quoted price is $88,000 and the work is described as:

   Supply and Fix Colorbond Custom Orb, .48 including Color Screws, Valleys, Ridge, Cappings and 55MM Anticon, Metal Roof Battens, Fascia and Guttering, panel rib eves (sic) and fix velux windows and gazebo.

6. On or about 22 June 2018, the applicant met with the respondent at the building site. The roof structure was not ready for the applicant to commence work. The respondent, in consultation with the applicant, prepared a list of omissions for rectification of the roof structure. The respondent consulted with his building certifier.

7. The carpenter who had erected the trusses returned to the building site and completed some of this work.

8. On 4 July…