Better Homes Queensland Pty Limited v O'Reilly and Anor
[2012] QCAT 424
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Page of 13
CITE
Unreported Judgment
Appeal Determined (QCA)
Better Homes Queensland Pty Limited v O'Reilly and Anor[2012] QCAT 424Member M Johnston
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Editorial Notes
Published Case Name:
Better Homes Queensland Pty Limited v O'Reilly and Anor
Shortened Case Name:
Better Homes Queensland Pty Limited v O'Reilly and Anor
MNC:
[2012] QCAT 424
Court:
QCAT
Judge(s):
Member M Johnston
Date:
10 Sep 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.
