Vaiao & Anor v Sharkie

The case of Vaiao & Anor v Sharkie involved a dispute between the plaintiffs, Mark Vaiao and Jane Vaiao, and the defendant, James Thomas Sharkie trading as James Sharkie Constructions, concerning a domestic building contract. The plaintiffs alleged that the defendant had breached the contract by not adhering to the requirements of Schedule 1B of The Queensland Building and Construction Commission Act 1991 (Qld) and that the electronic correspondence used to satisfy the signature requirement did not comply with the Electronic Transactions (Queensland) Act 2001 (Qld). Additionally, the plaintiffs claimed that the defendant was negligent in the construction of their home, resulting in defective work, and sought damages. The case was heard in the Queensland Civil and Administrative Tribunal.

The primary legal issues before the court were whether the signature requirement for the domestic building contract was satisfied by electronic correspondence, as permitted under the Electronic Transactions (Queensland) Act 2001 (Qld), and whether the defendant owed a duty of care to the plaintiffs as a homeowner, resulting in liability for damages. The court also had to consider whether the plaintiffs' home had been constructed negligently and if so, what damages were payable.

The court found that the signature requirement for the domestic building contract was not satisfied by electronic correspondence, as it did not comply with the requirements of Schedule 1B of The Queensland Building and Construction Commission Act 1991 (Qld). The court further held that the defendant owed a duty of care to the plaintiffs, as homeowners, and that this duty was breached, resulting in defective work. The court determined that the plaintiffs were entitled to damages for the defective work and ordered the defendant to pay the plaintiffs the sum of $12,226.44 by 4:00pm on 1 October 2019.