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Allaro Homes Cairns Pty Ltd v O'Reilly [2012] QCA 286
JUDGE(S):
Holmes JA, Muir JA, North J
DELIVERED ON:
23 October 2012
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Editorial Notes
Published Case Name:
Allaro Homes Cairns Pty Ltd v O'Reilly & Anor
Shortened Case Name:
Allaro Homes Cairns Pty Ltd v O'Reilly
MNC:
[2012] QCA 286
Court:
QCA
Judge(s):
Holmes JA, Muir JA, North J
Date:
23 Oct 2012
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
QCAT BD384/08
06 Oct 2010
A builder sought to recover the cost of performing a variation ($47,147.97) under a domestic building contract. It was accepted that the variation failed to comply with the Domestic Building Contracts Act 2000. The claim was dismissed by QCAT because the builder had failed to bring itself within s 84(4) of the Act, which provided that recovery was permitted where it could be shown that there were exceptional circumstances and unreasonable hardship.
Primary Judgment
[2012] QCATA 37
23 Feb 2012
Appeal dismissed: Judge Fleur Kingham, Deputy President Mr Peter Apel, Member.
Primary Judgment
[2012] QCAT 424
10 Sep 2012
The respondent home owners were awarded costs: M Johnston Member.
Appeal Determined (QCA)
[2012] QCA 286
23 Oct 2012
The application for leave to appeal be refused: Holmes JA, Muir JA, North J.
Appeal Status
Appeal Determined (QCA)
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