| CITATION: | Stuart Homes and Renovations v Denton and Anor [2012] QCAT 43 |
| PARTIES: | Stuart Homes and Renovations ABN 44985274541 (Applicant) |
| v | |
| Paul Denton Robyn Denton (Respondents) |
| APPLICATION NUMBER: | BDL264-10 |
| MATTER TYPE: | Building matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Michelle Howard, Member |
| DELIVERED ON: | 18 January 2012 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. That the respondents pay to the applicant costs in the sum of $6,005 within 28 days of these orders; 2. That the respondents pay to the applicant interest in the sum of $3,398.50 within 28 days of these orders. |
| CATCHWORDS: | Building dispute – costs application – where applicant successful on substantive claim Queensland Building Services Authority Act 1991, s 77 |
APPEARANCES and REPRESENTATION (if any):
This proceeding was heard on the papers pursuant to section 32(2) of the Queensland Civil and Administrative Tribunal Act 2009.
REASONS FOR DECISION
On 11 November 2011, I made orders in favour of Stuart Homes on its application for orders for the payment of the balance of monies owing to it under a building contract in the sum of $8,207.19. The counter-claim made by the Dentons was dismissed. I directed that evidence and submissions be filed by both parties regarding the application for costs and interest made by Stuart Homes, and that the claims for interest and costs be determined on the papers not before 14 December, 2011.
Stuart Homes filed its material and submissions. The Dentons had until 12 December 2011 to file their material but have not done so. An application was received on 22 December 2011, from Bell Legal Group who appeared on the Dentons’ behalf at the hearing, seeking leave to withdraw as solicitors on the record for the Dentons as they no longer hold instructions to act on their behalf. No explanation is given as to why submissions were not filed by 12 December 2011 as directed and no indication is given that the Dentons intend to file submissions on their own behalf. In any event, the date for them to do so had they wished has long passed and no extension of time has been sought.
The application for costs
In Lyons v Dreamstarters Pty Ltd,[1] the Appeal Tribunal determined that in building disputes, there is a broad general discretion to award costs as a result of the provisions of the Queensland Building Services Authority Act 1991[2] which have modified the usual costs provisions in the QCAT Act. Accordingly, the tribunal may make an order as to costs that is justified in the circumstances.
[1] [2011] QCATA 142.
[2] In particular, section 77(2)(h).
The Dentons’ counter-claim was for $42,706.92. Of this $33,822.95 was for bringing the building up to liveable standard, and $8,385.97 was a claim for interest on the deposit paid to Stuart Homes and rent during the period between payment of the deposit and completion of…
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- AGLC
- Stuart Homes and Renovations v Denton [2012] QCAT 43
- Case
- [2012] QCAT 43
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court revolved around the interpretation of the contract terms, the standard of workmanship, and the responsibility for defects in the renovation. Additionally, the court had to determine the appropriate quantum of costs and interest to be awarded to the successful party.
In rendering its decision, the court meticulously examined the contractual documents and the evidence presented by both parties. The court found that the respondent had indeed breached the terms of the contract by failing to deliver the renovation to the agreed standard. Consequently, the court awarded Stuart Homes and Renovations costs and interest as part of the judgment. The costs were quantified at $6,005, and the interest was calculated at $3,398.50, both of which were to be paid within 28 days of the court’s orders.
Orders
Orders of the court
1. That the respondents pay to the applicant costs in the sum of $6,005 within 28 days of these orders;
2. That the respondents pay to the applicant interest in the sum of $3,398.50 within 28 days of these orders.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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