Sheppard v van Weezup

[2012] QCAT 227

CITATION: Sheppard v van Weezup [2012] QCAT 227

PARTIES:	Anthony Sheppard
v
Brad van Weezup t/as Project Design Concepts

APPLICATION NUMBER:   BDL339-11

MATTER TYPE: Building matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Peta Stilgoe, Senior Member

DELIVERED ON: 7 June 2012

DELIVERED AT: Brisbane

ORDERS MADE:     

[1]   Brad van Weezup rectify the following work at 30 Dander St Southport on or before 5 July 2012:

a)     Roof flashing.

b)     Waterproofing of window frame.

c)     Remove bath and membrane.

d)     Repair island bench in kitchen.

e)     Repair and paint downstairs bathroom ceiling.

CATCHWORDS: BUILDING – defective work

APPEARANCES and REPRESENTATION (if any):

This matter was heard on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. Mr Sheppard engaged Mr van Weezup to carry out a “makeover” on his property at Southport.  Mr Sheppard paid the full contract price of $7,200 up front.  Mr van Weezup started work in May 2011 but, by his own admission, the work has not been completed.

2. Although Mr van Weezup has not been formally served with the application in this matter, I am satisfied that the fact of proceedings has been brought to his attention and that he has been given an opportunity to participate in the proceedings.  He received a notice to attend a compulsory conference and a notice to attend a directions hearing.  He has received copies of the directions I’ve made and it appears that these documents finally prompted him to contact Mr Sheppard to resolve the dispute.

3. Mr Sheppard has filed a copy of a document signed by Mr van Weezup in which he undertakes to repair and complete work by 15 April 2012.  Mr Sheppard has also provided me with material to show that the work described in the agreement is reasonably necessary and that, contrary to his agreement, Mr van Weezup has not undertaken the work.

4. As the only claim from Mr Sheppard is an order that Mr van Weezup rectify and complete the works, that is the order I intend to make.  I order that Mr van Weezup rectify the following work on or before 5 July 2012:

a)Roof flashing.

b)Waterproofing of window frame.

c)Remove bath and membrane.

d)Repair island bench in kitchen.

e)Repair and paint downstairs bathroom ceiling.