Queensland Judgments
Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  • Unreported Judgment

Platinum Property Group Pty Ltd v Dilworth Constructions Pty Ltd[2018] QCAT 428

Platinum Property Group Pty Ltd v Dilworth Constructions Pty Ltd[2018] QCAT 428

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:

Platinum Property Group Pty Ltd v Dilworth Constructions Pty Ltd [2018] QCAT 428

PARTIES:

PLATINUM PROPERTY GROUP PTY LTD

(applicant)

 

v

 

DILWORTH CONSTRUCTIONS PTY LTD

(respondent)

APPLICATION NO/S:

BDL169-16

MATTER TYPE:

Building matters

DELIVERED ON:

18 December 2018

HEARING DATE:

15 September 2017

HEARD AT:

Maroochydore

DECISION OF:

Member Ann Fitzpatrick

ORDERS:

The Applicant Platinum Property Group Pty Ltd must pay the Respondent Dilworth Constructions Pty Ltd the sum of $25.00 within 21 days of the date of this decision.

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – OTHER MATTERS – building dispute – principal and subcontractor – defective work – offset cost of rectification and moneys owed under the contract – interest and penalty interest

Queensland Building and Construction Commission Act 1991 (Qld), s 67P

REPRESENTATION:

 

Applicant:

Self-represented

Respondent:

Self-represented

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. [1]
    On 13 August 2018 a decision in this matter was handed down.  It was not possible to make final orders without further submissions in relation to the calculation of interest.
  2. [2]
    On 5 October 2018 the respondent filed submissions as directed. The applicant has not filed any submissions.
  3. [3]
    In the decision of 13 August 2018, I made the following orders in favour of the applicant:
    1. (a)
      the respondent pay to the applicant the sum of $5,272.85 by way of damages for breach of contract;
    2. (b)
      the respondent pay interest to the applicant in the sum of $1,782.66.
  4. [4]
    I found that the outcome of the proceeding will mean that the amount ordered in favour of the applicant in the amount of $7,055.51 will be offset against any amount ordered in favour of the respondent.
  5. [5]
    In relation to the counter-application, I found that the applicant must pay the sum of $4,404.38 to the respondent as money owed under the contract and that the respondent was entitled to penalty interest pursuant to s 67P of the Queensland Building and Construction Commission Act 1991 (Qld).  I required submissions from the parties in relation to calculation of penalty interest.
  6. [6]
    The respondent calculated penalty interest in the sum of $2,676.13 by reference to the sum of 10% a year and the rate comprising the annual rate, as published by the Reserve Bank of Australia for 90-day bills. The interest rates were applied to the sum of $4,404.38 for the period 14 March 2015 to 13 August 2018. I am satisfied on the material filed by the respondent that the calculations are correct.
  7. [7]
    Accordingly, I order that the applicant pay the respondent the sum of $4,404.38 for moneys owed under the contract as a debt and pay interest in the sum of $2,676.13, totalling $7,080.51.
  8. [8]
    Given the respective awards I order that the applicant pay the respondent the sum of $25.00 within 21 days from the date of this decision.
Close

Editorial Notes

  • Published Case Name:

    Platinum Property Group Pty Ltd v Dilworth Constructions Pty Ltd

  • Shortened Case Name:

    Platinum Property Group Pty Ltd v Dilworth Constructions Pty Ltd

  • MNC:

    [2018] QCAT 428

  • Court:

    QCAT

  • Judge(s):

    Member Ann Fitzpatrick

  • Date:

    18 Dec 2018

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

Require Technical Assistance?

Message sent!

Thanks for reaching out! Someone from our team will get back to you soon.

Message not sent!

Something went wrong. Please try again.