Simmons v Rawcorp Pty Ltd
[2015] QCAT 327
•21 August 2015
| CITATION: | Simmons v Rawcorp Pty Ltd [2015] QCAT 327 |
| PARTIES: | Benjamin Simmons Gemma Simmons (Applicants) |
| v | |
| Rawcorp Pty Ltd (Respondent) |
| APPLICATION NUMBER: | BDL078-15 |
| MATTER TYPE: | Building matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member Brown |
| DELIVERED ON: | 21 August 2015 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Rawcorp Pty Ltd pay to Benjamin Simmons and Gemma Simmons the sum of $2,405.14. |
| CATCHWORDS: | Building matters - damages – decision by default – unliquidated damages |
APPEARANCES:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
REASONS FOR DECISION
Benjamin and Gemma Simmons purchased a townhouse. The townhouse had been constructed by Rawcorp Pty Ltd (‘Rawcorp’). Mr and Mrs Simmons claim that certain building work undertaken by Rawcorp is defective. They claim that they have been required to:
a) Replace and install two new toilets; and
b) Replace and install a new kitchen sink.
Mr and Mrs Simmons filed an application for domestic building disputes in the Tribunal which was served by pre-paid post on Rawcorp. An affidavit of service was filed on 18 May 2015. Rawcorp was directed to file a response to the application and serve a copy upon Mr and Mrs Simmons. Rawcorp has not complied with this direction.
A compulsory conference was scheduled to proceed on 28 July 2015. On 23 July 2015, a representative from Rawcorp contacted the Tribunal registry and advised that Rawcorp did not intend filing a response to the application by Mr and Mrs Simmons and did not intend attending the compulsory conference. The compulsory conference did not proceed.
Mr and Mrs Simmons have filed an application for a decision by default for unliquidated damages.
Mr and Mrs Simmons claim the cost of rectification works associated with the replacement and installation of the two toilets and the kitchen sink. They claim an amount of $2,065.22 in respect of the costs associated with these works. In support of the claim there is, attached to the application, an invoice from Absolute Plumbing Qld in the amount of $2,065.22 in respect of the works. Mr and Mrs Simmons paid the invoice on 16 April 2015.
Mr and Mrs Simmons also claim the filing fee paid on the application and interest.
Rawcorp has not paid any monies to Mr and Mrs Simmons in respect of the rectification works.
Accordingly the decision of the Tribunal is that Rawcorp pay to Mr and Mrs Simmons:
a) Damages for replacement and installation of two new toilets and a kitchen sink $2,065.22
b) Filing fee $295.00
c) Interest on $2,065.22 from 16 April 2015 to 19 August 2015 $44.92
TOTAL $2,405.14
Accordingly there is judgement for Mr and Mrs Simmons in the total amount of $2,405.14.
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