Sharp Commercial Pty Ltd v Haines Electrical Services
[2017] QCAT 305
•19 July 2017
CITATION: | Sharp Commercial Pty Ltd v Haines Electrical Services [2017] QCAT 305 |
| PARTIES: | Sharp Commercial Pty Ltd (Applicant) |
| v | |
| Haines Electrical Services | |
APPLICATION NUMBER: | MCDO2245-16 |
MATTER TYPE: | Other minor civil dispute matters |
HEARING DATE: | 23 May 2017 |
HEARD AT: | Brisbane |
DECISION OF: | Member Nelson Cooke QC |
DELIVERED ON: | 19 July 2017 |
DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. Assessing rectification costs at $5,000.00 deducting the rectification from the claim, the Respondent pay $1,370.00 to the Applicant within 14 days from today. |
CATCHWORDS: | CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – PERFORMANCE – where contract for supply of carpet – where defects remained after carpet was laid |
REASONS FOR DECISION
The applicant claimed $6,524.00 being the balance of a contract to supply and lay epoxy underlay and carpet to premises at Unit 9, 20 Archerfield Road, Darra for the Respondent.
After hearing Mr Chris Kelly for the Applicant and Mr Ben Haines for the Respondent, I was satisfied that there were a large number of defects apparent after the carpet was laid. Photographs showing gaps in the carpet were produced.
The Applicant remedied some defects that the Respondent spent another $5,868.50 to remedy the remaining defects.
I rounded the cost of rectification to $5,000.00 because the Applicant was not given an opportunity to remedy the outstanding defects which would have been cheaper.
I subtracted the costs of rectification from the Applicants claim and ordered the Respondent to pay the balance of the claim.
Due to a calculation error, I ordered the Respondent to pay $1,370.00 instead of the correct figure of $1,524.00.
As both parties were partially successful I made no order as to costs.
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