By Ariane Pty Ltd v Ryall [2012] QCAT 521

CITATION: By Ariane Pty Ltd v Ryall [2012] QCAT 521 PARTIES: By Ariane Pty Ltd (Applicant) v Patrick Ryall t/as Webrande Creative Agency (Respondent) APPLICATION NUMBER: MCDO3610-11 MATTER TYPE: Other minor civil dispute matters HEARING DATE: 27 August 2012 HEARD AT: Brisbane DECISION OF: Kevin O’Hanlon, Adjudicator DELIVERED ON: 15 October 2012 DELIVERED AT: Brisbane ORDERS MADE: That within 14 days: 1. Patrick Ryall (Webrande Creative Agency) release all logins to Ms May’s companies as set out in his email of 22/8/2011; and 2. He repay to Ms May the sum of $277.00. CATCHWORDS: Contract – variation APPEARANCES and REPRESENTATION (if any): APPLICANT: By Ariane Pty Ltd was represented by A May RESPONDENT: Mr Patrick Ryall t/as Webrande Creative Agency REASONS FOR DECISION [1] In this matter the applicant is By Ariane Pty Limited the principal of which is Ariane May. Ms May attended at the hearing in this matter and the respondent Patrick Ryall (Webrande) attended as well. The matter was heard on 27 August 2012. [2] Ms May claims for a full refund of monies paid being $3,500.00 together with filing fee and travel costs for failure by Webrande to fulfil his contract to supply interactive websites. -- 1 of 3 -- 2 [3] Mr Ryall counter claimed seeking payment of 5 invoices. [4] There have been lengthy documents filed by way of submission by Ms May and at the hearing Ms May submitted several invoices evidencing the contract she alleges existed between the parties. In essence Ms May says that the work was not carried out properly or at all and for most of the sites. Furthermore she says that at all times speed was of the essence for the sites to be developed with a maximum time of six weeks. Mr Ryall on the other hand says that the contract was varied throughout the course of events by requirements to get another site (Valerie Cordier) up and running and the development of the other sites were to be put on the back burner so to speak. [5] Both sides of the argument allege difficulties from a technical point of view in obtaining the relevant information from the other party and non contact by Mr Ryall when sought by Ms May. [6] During the course of this hearing it was apparent that the terms of the contract were incredibly difficult to work out because of the numerous variations and technical difficulties experienced. Ms May says that the contract was for $3,500 to develop ByAriane.com and JoelByAriane.com websites which were to be integrated on to ecommerce websites to be used in Joolma and magenta formats. Mr Ryall contended that it was not necessary for Joolma to be inserted into the overall picture. Furthermore, he says that he was required by Ms May to put aside the ByAriane.com and JoelByAriane.com website developments to concentrate on Valerie Cordier. [7] Ms May on the other hand states that she was advised by Mr Ryall this was only going to take 2-3 weeks commencing in 2-3 weeks maximum time period. This was to occur in April 2011. It is alleged by Ms May that in fact it took them to August and then further problems arose. [8] After lengthy disputes arose between the parties Ms May contends that the only site she ever received back completed from Mr Ryall was ValerieCordier.com which did not work perfectly or at all and only one or two sales were made. She says she has not received any of the work done by Mr Ryall in relation to ByAriane.com and ByJoelByAriane.com. [9] Mr Ryall in his email of 22 August 2011 claimed that further $1,000.00 balance was owing on the Valerie Cordier site and he then disabled all logins pending payment. He also claims that he did extra work over and above the original figure that was bandied around. [10] Indeed it is hard to locate any final contract between the parties with any certainty. I find that Mr Ryall has done work and has quite improperly withdrawn the login details for Ms May to access the sites. As to the quality of the sites that he has developed there is no evidence before me to suggest they have been completed or are able to be used by Ms May. No doubt I accept that Mr Ryall has involved in third party costs for example hosting services and his amended invoices seem to reflect that -- 2 of 3 -- 3 he has tidied up the amounts to be charged in the sum of $80.00 per month. I am however not convinced that he is able to charge GST as the documents filed by Ms May indicate he is not registered for GST. However he has amended invoice number 599 and his other invoice dated 4 August 2011 so that tax invoice 599 charges hosting from April to September inclusive at $80.00 each per month and in addition he also charges for an IP address at $7.00 per month and an SSL secure certificate for Valerie Cordier in the sum of $23.00; in fact a total of $568.00 without any GST component. I find that to be fair and reasonable in the circumstances. I also find that he has developed the Valerie Cordier site and that the parties had agreed by even Ms May’s admissions for that to be developed at a cost of $2,750.00. I also find that Ms May has paid $1,750.00 in relation to the Valerie Cordier agreed price. In addition she has also paid a 50% deposit of $1,750.00 for the development of ByArianne.com.au, JoelByAriane.com.au and BespokeByAriane.com. [11] In the circumstances I find it difficult to find that Mr Ryall had rights to impede the release of the logins as set out in his email of 22 August 2011. Other legal remedies exist for him in relation to that if his claim is to be sustained. He should release those logins to Ms May and it is the order of the Tribunal that he do so forthwith. [12] As to payments Mr Ryall is entitled to some form of recompense on a quantum meruit basis and I find that he should be paid for the ValerieCordier.com.au work together with the hosting costs as set out earlier. Accordingly I find that he is entitled to payment of $2,750.00 for that work together with the amount of $568.00 for hosting in his tax invoice they have been corrected as set out above, making it a total of $3,318.00. As he has already received the sum of $3,500.00 it is ordered in addition to the release of the logins that he repay to Ms May the sum of $182.00 together with filing fee of $95.00 making a total of $277.00 within 14 days. -- 3 of 3 --