Wide Bay Burnett companies to face QCAT

From a builder who left a home unfinished for years to an RV park full of residents fighting a rent hike, these were the ‘wars’ of the Wide Bay that only ended when help was brought in.

Business does not always run smoothly, with some disputes between customers, companies, and even the state government over goods and services requiring the state’s civil and administrative tribunal to step in.

Business is not always smooth sailing, and disputes about goods and or services occasionally emerge.

The vast majority are resolved without hassle, but occasionally a third party needs to step in.

Enter the Queensland Civil and Administrative Authority the bodies established to resolve disputes over commercial matters as a last resort.

From a landscaper who took money and refused to work, to a fight involving 400 RV park residents over a rent hike, these are the battles across the Wide Bay Burnett which have ended with the help of QCAT since the start of 2022.

Paul Bongioletti Homes

A Bundaberg home builder was ordered to pay a customer $33,000 in liquidated damages and finish work on a customer’s home after it was left uncompleted for years.

Roslyn Anne Ingles took the construction company to QCAT in 2020 after her Gayndah home remained unbuilt six years after entering the contract.

Ms Ingles had engaged Paul Bongioletti Homes to work on the house in December 2014.

The published QCAT ruling says she claimed more than a dozen issues existed with the unfinished home.

These included problems with its plumbing, electrical, flyscreens, insulation in the roof, its driveway, a retaining wall, turf and landscaping, clothes line, three bay garage, letter box, fencing, TV antenna, repairs to concrete defects and house cleaning.

Bundaberg home builder Paul Bongioletti was ordered to pay a customer $33,000 in liquidated damages and finish work on a customer’s home after it was left uncompleted for years.

Mr Bongioletti claimed this had not been completed as he had not received a $44,000 deposit from Ms Ingles.

However the tribunal found the builder had taken $44,000 in trade dollars into account when invoicing Ms Ingles.

Paul Bongioletti Homes Pty Ltd was ordered to co-operate with Ms Ingles and complete the contract works in accordance with the original terms of the contract from December 2014.

Ms Ingles was also ordered to have electricity, telecommunications and air conditioning installed at her own cost to allow the work to be finished.

More details here.

Cooloola Water Holdings

The director of a Cooloola Coast retirement village was told to pay more than $20,000 in commission to a former contractor brought in to help find buyers for its units.

Cooloola Water Holdings, which runs Cooloola Waters Retirement Village at Tin Can Bay and is directed by Gary Simonite, was found by a Queensland Civil and Administrative Tribunal in September 2023 to have not paid two sales commissions to Glenwood real estate agent Kathleen Madgwick.

Ms Madgwick, representing herself, told the tribunal she had built relationships with two prospective unit buyers over several months between 2021 and 2022.

Cooloola Water Holdings, which runs Cooloola Waters Retirement Village at Tin Can Bay and is directed by Gary Simonite (pictured), was found by a Queensland Civil and Administrative Tribunal in September 2023 to have not paid two sales commissions to Glenwood real estate agent Kathleen Madgwick.

She had been the village manager at the time, but declined to stay on when it was taken over by Cooloola Water Holdings.

Ms Madgwick did sign a sales contract in January 2022 and was chasing prospective buyers for units, but the deal was terminated in April that year.

The two buyers went on to buy units three months later, in July.

Cooloola Waters Holdings was told to pay Ms Madgwick $22,080 in lost commission plus $439.75 in associated expenses.

More details here.

Serenitas Community Holdings

The company behind a Fraser Coast RV park was forced to cut its rent by $11.50 per week after more than 400 residents challenged a rent increase.

Serenitas Communities Holdings Pty Ltd, which owned RV Homebase Fraser Coast at Tinana, was taken to QCAT after the company undertook a market review in 2020 and then raised the rent from $169.88 per week to $196.98.

Parks from across the entirety of the Fraser Coast were used as comparisons.

More than 400 residents of RV Homebase Fraser Coast at Tinana challenged a rate hike imposed by its managers.

The published QCAT ruling says the residents challenged use of parks outside Maryborough as part of the comparison, as well as the failure to take into account the nearby location of the Maryborough speedway and the accompanying sound of burnouts.

The tribunal supported the residents’ claims, finding the rent rise was “excessive”, and ordered Serenitas to refund any overpayments it had received at the time of the ruling.

Commissioner of State Revenue

A Kingaroy landowner won the right to the $25,000 HomeBuilder grant from the state government over a new home.

Stephen Saunders, the director of Wedgewood Finance Pty Ltd, built his new home on a block at the South Burnett town.

In doing so he transferred ownership of the property from his company to himself.

However his application was rejected as he was not the registered proprietor at the time the foundations were laid and the first progress payment made to the builder.

A Kingaroy landowner won the right to receive the $25,000 HomeBuilder grant from the state government over a new home.

The HomeBuilder grants were announced in June 2020 at the height of the Covid pandemic to support the residential construction sector.

It was available to owner-occupiers who built a new house as their primary home.

The tribunal found a delay from his bank in obtaining a valuation, which delayed his taking ownership of the land, was a reasonable excuse as to why he had failed to meet the eligibility criteria of ownership.*

It was satisfied Mr Saunders had done all he could to take ownership by the correct time, and he “had no control over Westpac Bank” and when they provided the information he needed.

The state commissioner’s refusal was overturned and it was ordered to pay Mr Saunders the $25,000.

Mark Brookes

The concrete driveway of a Kawungan property proved a sticking point between two Hervey Bay men, and ultimately cost the property owner $6487.46.

Concreter Wayne Banks had carried out work on the property owned by Mr Brookes about 2012, and was subsequently engaged once more in 2020.

This latest work included joining an existing driveway and path, creating a crossover at the property, and acid washing and double sealing all areas.

The owner of a Kawungan property was ordered to pay $6487.46 over concreting work at his driveway, after he initially disputed the quality of the job done.

The published QCAT ruling says the cost was agreed between Mr Brookes and Mr Banks as $8000.

However, Mr Brookes was dissatisfied with the outcome, claiming the new concrete and exposed aggregate did not match the colour of the old, did not include expansion points around the downpipe, house bricks, carport post and drain, and had not replaced a steel grate.

As a result Mr Brookes only paid $1200 for the work.

The tribunal found Mr Banks admitted he was responsible for fixing the steel grate and expansion joints, and Mr Brookes had come to accept the colour difference in the work.

It ordered Mr Brookes pay $6487.46.

This included the outstanding $6800, plus $437.46 in costs minus $750 in rectification work by Mr Banks.

Originally published as Wide Bay Burnett companies to face QCAT