White v Harney

[2011] QCAT 455

CITATION: White v Harney [2011] QCAT 455

PARTIES:	Ms Amanda Jane White
v
Mr Scott Harney t/as Wardrobe World

APPLICATION NUMBER:   BDL141-11

MATTER TYPE: Building matters

HEARING DATE:     On the papers

HEARD AT:  Brisbane

DECISION OF: Sandra G Deane, Member

DELIVERED ON: 22 September 2011

DELIVERED AT:      Brisbane

ORDERS MADE: [1]      Mr Harney pay Ms White the sum of $1,147.32 plus costs in the sum of $505, a total of $1,652.32 within 14 days.

CATCHWORDS: Domestic Building dispute – damage caused in the performance of the work – assessment of damages

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of Queensland Civil and Administrative Tribunal Act2009 (QCAT Act).

REASONS FOR DECISION

1. Ms White obtained and accepted a quote from Mr Harney trading as Wardrobe World for the supply and installation of wardrobes, linen and storage cupboard, shelving and draws at her home at 56 Joseph St, Camp Hill.

1. Mr Harney undertook the work on 16 April 2010.  During the course of the work there was a power failure to parts of the home. 

1. Ms White engaged an electrician to locate and rectify the fault and sought payment of the amount paid to the electrician from Mr Harney.

1. Ms White commenced these proceedings and Mr Harney has failed to file a response in accordance with the Tribunal’s directions. 

1. In accordance with the Tribunal’s directions this matter is to be determined on the papers.

1. I am satisfied that Mr Harney has been served with the proceedings.[1]  I am also satisfied that Mr Harney has received a copy of the further material to be relied upon by Ms White.[2]

   [1]        Affidavit of Laurence John Parker sworn 9 June 2011.

   [2]        Registered Post Delivery Confirmation dated 29 August 2011.

1. Ms White gave evidence that:

a)    Mr Harney informed Ms White that if the power failure was his fault he would make it good prior to Ms White engaging an electrician to locate and repair the fault.

b)    the electrical repairs:

i)     were necessary because Mr Harney in carrying out the installation work penetrated the electrical cable with a screw;

ii)    cost $1,147.32[3];

iii)   were paid by Ms White on 22 June 2011[4].

c)    Varsity Electrical advised that because the wardrobes were installed in multiple locations on the second floor the most cost effective way to repair the fault was to re-route electricity as the alternative was to remove plasterboard from the walls to locate the site of the breached cable at a greater expense;

d)    she paid Mr Harney in full for the work performed[5];

e)    she paid Mr Parker the sum of $250 to locate and serve these proceedings upon Mr Harney.[6]

f)Mr Harney challenged the reasonableness of the amount paid for the electrical repairs.

[3]        Varsity Electrical Pty Ltd Invoice 6062 dated 18 June 2011.

[4]        Westpac Bank Statement 1 March 2010 to 15 July 2010.

[5]Wardrobe World Brisbane South East Invoice 156 dated 16 April 2010;Westpac Bank Statement 1 March 2010 to 15 July 2010; Westpac Bank Statement 23 April 2010 to 15 July 2010.

[6]        Handwritten Laurie Parker receipt undated.

1. Ms White has also paid a filing fee in the sum of $255.

1. Mr Harney has chosen not to respond and in those circumstances I accept Ms White’s evidence and find that the amount paid for the repairs was reasonable.

Order

[10]  Mr Harney pay Ms White the sum of $1,147.32 plus costs in the sum of $505, a total of $1,652.32 within 14 days.