Thompson v Shen and Kao

CITATION: Thompson v Shen and Kao [2017] QCAT 33

PARTIES:	Allan Thompson (Applicant)
v
Howard Shen and May Kao (Respondents)

APPLICATION NUMBER: BDL123-15

MATTER TYPE: Building matters

HEARING DATE: 21 June 2016

HEARD AT: Brisbane

DECISION OF: Member Allen

DELIVERED ON: 6 February 2017

DELIVERED AT: Brisbane

ORDERS MADE: 1.    Mr Shen and Ms Kao are ordered to pay Mr Thompson the amount of $6,503.07 within 14 days

CATCHWORDS:

BUILDING MATTER – where building contractor unlicensed at time of entering agreement – where claim for reasonable remuneration for carrying out building work – where building contractor submitted copies of invoices for labour and materials – where expert evidence provided by respondent as to reasonable remuneration – whether building contractor satisfied onus of proof as to reasonable remuneration

Queensland Building and Construction Act 1991 (Qld), s 42, s 56AC, s 77

Cook Constructions P/L v SFS 007.298.633 P/L (formerly trading as Stork Food Systems Australasia P/L [2009] QCA 75

APPEARANCES:

APPLICANT: Mr Thompson

RESPONDENT: Mr Shen and Ms Kao

REPRESENTATIVES:

APPLICANT:   Mr Thompson represented himself

RESPONDENT: Mr Wall of Counsel instructed by represented Mr Shen and Ms Kao.

REASONS FOR DECISION

1. Mr Thompson held a builder’s licence under the Queensland Building and Construction Commission Act 1991 (Qld), the QBCC Act, until 8 October 2014 when it was revoked due to him becoming an excluded individual[1]. As a consequence of this it became unlawful for Mr Thompson to carry out, or undertake to carry out building work[2], as defined in the QBCC Act.

   [1]QBCC Act, s 56AC.

   [2]QBCC Act, s 42.

2. Mr Thomspon entered a written agreement with Mr Shen and Ms Kao on 2 December 2014 to classify, organise and supervise  works specified by the owner in the scope of works in respect of Mr Shen and Ms Kao’s property at Clear Island on the Gold Coast. Mr Shen and Ms Kao were required to pay a deposit of $5,000 and a fee equal to 22.5% on top of all costs. With progress payments to be paid within five days. The deposit was paid on the signing of the agreement.

3. The scope of works were as follows:-

   a)    To remove and remodel the walls as outlined in the final plan;

   b)    To prepare and install a new kitchen as outlined on the final kitchen plan;

   c)    To dismantle and remodel the 3 bathrooms as specified;

   d)    To prepare the floors for new tiling on ground floor and for floating timber floors upstairs;

   e)    To build a new timber deck on the pool side with a new frameless glass panel to the pool side;

   f)     To install new entrance doors and “crimsafe” screens throughout;

   g)    To install new balustrading sheeting TBC;

   h)   To install 2 new shade sails TBC;

   i)     New electrical installation as per plan TBC and

   j)     Total new internal paintwork and new door handles.

4. Mr Thompson arranged for tradespeople, materials and labour to perform the work set out in the agreement and rendered tax invoices for the work,…