Finocchiaro t/a Two Star Plasterers v Peardon [2009] QCAT 40

CITATION: Finocchiaro t/a Two Star Plasterers v Peardon [2009] QCAT 40 PARTIES: Dominico & Venera Finocchiaro t/a Two Star Plasterers v Malcolm John Peardon APPLICATION NUMBER: BN031-07 DELIVERED ON: 9 December 2009 DELIVERED AT: Brisbane MATTER TYPE: Building matters PROCEEDING DATE: On the papers – order incorporating terms of settlement filed on 1 December 2009 DECISION OF: Dr Bridget Cullen Mandikos CATCHWORDS: Queensland Civil and Administrative Tribunal Act 2009, s 86; terms of settlement incorporated into Order. ORDERS: The respondent, Malcolm John Peardon, pay to the applicant, Domenico and Venera Finocchiario trading as Two Star Plasterers, the sum of twenty- thousand dollars ($20,000.00) on or before monday, 21 December 2009. The applicant to discontinue its claim against the respondent in this matter. The respondent to discontinue his counterclaim against the applicant in this matter. REASONS FOR DECISION Introduction 1 On 1 st December 2009, the QCAT Registry received a faxed settlement agreement entered into by the parties, and signed by their respective solicitors. -- 1 of 2 -- 2 Section 77 of the Queensland Building Services Authority Act provides QCAT with the jurisdiction to determine "building disputes," which is the nature of the matters raised in the instant case. 3 Pursuant to s 86 of the Queensland Civil and Administrative Tribunal Act 2009, I now incorporate the terms of that settlement agreement into an Order. I note that neither party has advised the Tribunal of an intention to withdraw from the settlement within 7 days following the filing of the written terms in the registry (1 December 2009). 4 Ordered that the respondent, Malcolm John Peardon, pay to the applicant, Domenico and Venera Finocchiario trading as Two Star Plasterers, the sum of twenty-thousand dollars ($20,000.00) on or before Monday, 21 December 2009. 5 The applicant to discontinue its claim against the respondent in this matter. 6 The respondent to discontinue his counterclaim against the applicant in this matter. 7 The parties to bear their own costs of the matter. -- 2 of 2 --