Willemsen v Faith Petroleum Pty Ltd
[2011] QCAT 649
•27 September 2011
| CITATION: | Willemsen v Faith Petroleum Pty Ltd [2011] QCAT 649 | |
| PARTIES: | Gary Anthony Willemsen | |
| v | ||
| Faith Petroleum Pty Ltd | ||
| APPLICATION NUMBER: | BDL176-11 |
| MATTER TYPE: | Building matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | J Allen, Member |
| DELIVERED ON: | 27 September 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. Faith Petroleum Pty Ltd is ordered to pay Gary Willemsen the amount of $31,723.68 within 14 days such payment to be made in accordance with paragraph 9 of the reasons for decision. 2. Faith Petroleum Pty Ltd is ordered to pay Gary Willemsen’s costs limited to an amount of $415.50 within 14 days |
| CATCHWORDS: | Decision by default – debt Queensland Civil and Administrative Tribunal Act 2009, s 50 |
APPEARANCES and REPRESENTATION (if any):
Hearing on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009.
REASONS FOR DECISION
Mr Willemsen performed building work for Faith Petroleum and engaged other tradespeople to assist in the work. Invoices were supplied to Faith Petroleum for the work done and they were not paid. Following some negotiation certain invoices which were issued directly to Faith Petroleum were paid and according to Mr Willemsen there is an amount outstanding of $31,723.68.
Mr Willemsen filed an application with the Tribunal on 29 June 2011 to recover the amount outstanding together with interest and costs.
The application was given to Faith Petroleum on 14 July 2011 in accordance with the affidavit of service filed with the Tribunal.
Faith Petroleum had a period of 14 days to file and give its response to the application as set out in the Tribunal Rules[1].
[1] Rule 44(2)(a)(1) Queensland Civil and Administrative Tribunal Rules 2009.
No response having been filed by Faith Petroleum, Mr Willemsen filed an application for a decision by default[2] with the Tribunal on 29 July 2011.
[2] Section 50 of the Queensland Civil and Administrative Tribunal Act 2009.
Mr Willemsen also filed an affidavit in support of the request for a decision by default confirming that Faith Petroleum has not paid the amount claimed by Mr Willemsen in the amount of $31,723.68.
The Tribunal is satisfied that the requirements of section 50 of the Queensland Civil and Administrative Tribunal Act 2009 in regard to the granting of a decision by default have been met in that Faith Petroleum has not provided its response to the application which has been served upon it within the required time.
The Tribunal notes that the claim in this case is made up of various invoices which include some which were originally issued to Mr Willemsen but which subsequently were re-issued to Faith Petroleum which he has stated in his application have not been paid. The amounts owing are listed below:
Ozcuts Maintenance & Landscaping $5,379.00
Willemsen Constructions Pty Ltd $10,000
Ron Power & Associates $3,110.80
Icon Consulting Engineers $165.00
Varsity electrical Pty Ltd $955.88
Glew Urban Planning $660.00
Travis Carroll $1,765.00
Peter Jess and Partners $528.00
Carpentry Plus $1,980.00
Toole Drafting & Design $2,300.00
K W Adams $2,180.00
Willemsen Constructions Pty Ltd $12,700.00
Payment by Faith Petroleum to Mr Willemsen will by necessity have to satisfy the amounts owing to the other tradespeople listed above and therefore payment should be conditional on Faith Petroleum receiving proof from Mr Willemsen that he will pay the amounts owing to the other tradespeople. This can be satisfied by Faith Petroleum making the cheques necessary to satisfy the order payable to the tradespeople as listed above and handing them to Mr Willemsen for payment unless he is able to satisfy Faith Petroleum that he has already paid those amounts to the tradespeople.
[10] Mr Willemsen has requested interest on the amount claimed from the date that he ceased work on the project due to the non-payment of the invoices which was the 18 April 2011. Having regard to the fact that there are multiple parties involved a calculation of interest in this case is not appropriate as there is no material before the Tribunal as to when individual invoices were issued.
[11] Mr Willemsen has also made a claim for costs in the amount of $415.50 which are granted in accordance with section 50(2)( c) of the Queensland Civil and Administrative Tribunal Act 2009.
[12] Faith Petroleum is ordered to pay Mr Willemsen the amount of $31,723.68 within 14 days such payment to be made in accordance with paragraph 9 of these reasons for decision. Faith Petroleum is ordered to pay Mr Willemsen’s costs limited to an amount of $415.50 within 14 days.
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