Dream Modular Homes Pty Ltd refused QCAT application

A Sunshine Coast modular home builder, allegedly owed more than $30k by clients, has copped a hit over paperwork.

Sunshine Coast company, Dream Modular Homes.

A building stoush involving a claim of tens-of-thousands of dollars between a Sunshine Coast modular home company and their clients has hit a wall in court.

The Queensland Civil Administrative Tribunal documents show the company, Dream Modular Homes Pty Ltd, filed an application to the tribunal regarding a dispute over building work.

According to the court documents the building company first filed legal proceedings against a couple, who were clients of the modular home business.

The company seeks to “recover” money allegedly owed to them by the couple for the completion of work on the project.

The couple then argued they should not have to pay the amount due to the building work not being completed on time and the loss of rent that resulted because of the delay.

“The respondents say that they are entitled to claim as a set off an amount for loss of rent occasioned as a result of the delay by the applicant in bringing the works to practical completion,” the court documents stated.

“In the alternative, the respondents say that they are entitled to set off against the applicant’s claim an amount for late completion damages.”

The court documents also stated the company failed to hand over certain files to the court, which they claim was due to a shortage of staff available to find “relevant evidence”.

Dream Modular Homes ultimately reduced the amount they were claiming from the couple to $31,286, according to the court documents.

However, the couple claimed the affidavit supplied was “incomplete and inadmissable”.

QCAT member Ian Brown ordered the application filed by the company in January this year be refused.

Member Brown stated in the documents if the couple wished to “seek relief pursuant to Australian Consumer Law” the matter would need to be dealt with under a different jurisdiction separate to the tribunal.

Dream Modular Homes have been contacted for comment by this publication.

Originally published as Dream Modular Homes Pty Ltd refused QCAT application