Zhang v Todd

Case [2019] QCAT 208

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

Zhang v Todd [2019] QCAT 208

PARTIES:

KATHERINE (QIYUN) ZHANG
(applicant)
v

SIMON JAMES TODD

(respondent)

APPLICATION NO:

BDL039-18

MATTER TYPE:

Building matters

DELIVERED ON:

6 August 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Brown

ORDERS:

1.   Simon James Todd must pay Katherine (Qiyun) Zhang FOUR THOUSAND AND EIGHTY-TWO DOLLARS ($4,082.00) by 4:00pm on 3 September 2019.

2.   Simon James Todd must pay Katherine (Qiyun) Zhang’s costs fixed in the amount of THREE HUNDRED AND TWENTY-SIX DOLLARS AND EIGHTY CENTS ($326.80) by 4:00pm on 3 September 2019.

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – LEGALITY - where domestic building contract does not comply with Schedule 1B of The Queensland Building and Construction Commission Act 1991 (Qld) – whether a breach of contract can be established

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – SPECIAL RELATIONSHIPS AND DUTIES – OTHERS – where homeowner vulnerable – whether builder owed duty of care to homeowner – damages payable where work is defective

Queensland Building and Construction Commission Act 1991 (Qld) s 77, sch 1B s 13(2), s 13(5) , Part 3, sch 2

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 28(3)(c), s 48

Basscorp Pty Ltd v Kosik [2007] CCT B411-05
Bellgrove v Eldridge (1954) 90 CLR 613

Chad Roberts Constructions Pty Ltd v Johnson Tiles Pty Ltd  [1993] ABT BC9302692;

Cook's Construction P/L v SFS 007.298.633 P/L (formerly trading as Stork Food Systems Australasia P/L) [2009] QCA 75
Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The Wagon Mound) [1961] AC 388
Perre v Apand (1999) 198 CLR 180
Robinson v Harman (1848) 1 Ex 850; 154 ER 363
Sablewell Pty Ltd V Kirstborough Pty Ltd and Ors QBT BC9505897
Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515

REPRESENTATION:

Applicant:

Self-represented

Respondent:

No appearance

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

  1. Ms Zhang entered into an agreement with Mr Todd for the performance of building work at her residential property (‘the building work’). The building work consisted of the construction of a colorbond fence, the installation of an automatic sliding gate, the removal of an existing driveway, the construction of a new concrete driveway and related site work.

  2. On 31 May 2017 Mr Todd provided to Ms Zhang a quote in respect of the building work.  The total cost of the building work was $4,850. Ms Zhang accepted the quote. Mr Todd subsequently advised Ms Zhang that the cost to complete the building works would be an additional $1,750.  Ms Zhang agreed to the total cost of the building work being increased to $6,600. 

  3. Mr Todd commence the building work on 20 June 2017.  On 29 June 2017 Mr Todd requested a progress payment of $3,000.  Despite not being…

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Details
AGLC
Zhang v Todd [2019] QCAT 208
Case
[2019] QCAT 208
Decision Date

CaseChat Overview and Summary

In Zhang v Todd, Katherine (Qiyun) Zhang sued Simon James Todd for breach of contract and damages for defective work in relation to a domestic building project. The case was heard by the Queensland Civil and Administrative Tribunal (QCAT). The primary issues before the tribunal were whether the contract between the parties complied with the statutory requirements of the Queensland Building and Construction Commission Act 1991 (Qld) and, if not, whether this non-compliance precluded the establishment of a breach of contract. Furthermore, the tribunal needed to determine if Todd owed Zhang a duty of care given her vulnerability as a homeowner, and if so, whether damages were payable for the defective work.

The tribunal found that the contract between Zhang and Todd did not comply with the requirements of Schedule 1B of the Queensland Building and Construction Commission Act 1991 (Qld). Despite this non-compliance, the tribunal ruled that it did not preclude the establishment of a breach of contract. It was determined that Zhang had suffered losses due to Todd's failure to complete the building works to the required standard. The tribunal also found that Todd owed Zhang a duty of care, given her vulnerability as a homeowner. Consequently, Todd was held liable for damages resulting from the defective work.

In summary, the tribunal ordered Todd to pay Zhang $4,082 by 4:00pm on 3 September 2019. Additionally, Todd was required to pay Zhang's costs, fixed at $326.80, by the same date.

Orders

Orders of the court

1. Simon James Todd must pay Katherine (Qiyun) Zhang FOUR THOUSAND AND EIGHTY-TWO DOLLARS ($4,082.00) by 4:00pm on 3 September 2019.

2. Simon James Todd must pay Katherine (Qiyun) Zhang’s costs fixed in the amount of THREE HUNDRED AND TWENTY-SIX DOLLARS AND EIGHTY CENTS ($326.80) by 4:00pm on 3 September 2019.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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