Zhang v Todd

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.