QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
| CITATION: | Yeo & Anor v Queensland Building and Construction Commission & Anor [2023] QCAT 367 | ||||
| PARTIES: |
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| APPLICATION NO/S: | GAR277-18 | ||||
| MATTER TYPE: | General administrative review matters | ||||
| DELIVERED ON: | 11 September 2023 | ||||
| HEARING DATE: | 15 February 2021 16 February 2021 | ||||
| HEARD AT: | Brisbane | ||||
| DECISION OF: | Member Deane | ||||
| ORDERS: | 1. The decision of the Queensland Building and Construction Commission dated 16 July 2018 that the claim under the Queensland Home Warranty Scheme is disallowed is set aside. 2. It is declared that the contract was properly terminated at the default of De Marco Constructions Pty Ltd. 3. The matter is returned to the Queensland Building and Construction Commission for reconsideration with a direction that Daxter Yeo andHelen Shuk Yee Ng had properly terminated the building contract at the default of De Marco Constructions Pty Ltd . 4. De Marco Constructions Pty Ltd is to pay Daxter Yeo and Helen Shuk Yee Ng costs fixed in the amount of $6,930 (incl GST) by 4:00pm on 13 October 2023. 5. Any Application for other costs of the proceedings by a party is to be made by filing in the Tribunal two (2) copies and providing to the other parties one (1) copy of any submissions and evidence in support of the Application for costs by 4:00pm on 13 October 2023. 6. If any such Application for other costs is made: (a) the other parties must file in the Tribunal two (2) copies and provide one (1) copy of any submissions and evidence in response to the party making the Application for costs and the other party by 4:00pm on 10 November 2023; (b) the party making the Application for costs must file in the Tribunal two (2) copies and provide one (1) copy of any submissions and evidence in reply to the other parties by 4:00pm on 24 November 2023; (c) the Application for costs will be determined on the papers based on any documents filed unless a party requests an oral hearing not before 4:00 pm on 24 November 2023. 7. If no Application for costs is made in accordance with Order 5 then there shall be no order as to other costs. | ||||
| CATCHWORDS: | PROFESSIONS AND TRADES – BUILDERS – STATUTORY INSURANCE SCHEME – review of decision disallowing a claim under the statutory insurance scheme – whether contract properly terminated upon the contractor’s default – whether termination invalid – whether the homeowners were in substantial breach at the time they purported to terminate - whether contractor unreasonably failed to perform the works diligently or unreasonably delayed or failed to maintain reasonable progress – whether contractor failed to carry out the work competently – whether contractor’s breaches were substantial breaches - whether contractor repudiated the contract PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – INTERLOCUTORY PROCEEDINGS – GENERALLY – whether homeowners entitled to… | ||||
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- Case
- [2023] QCAT 367
- Decision Date
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