Court awards builder $50k

A TOOWOOMBA builder has been awarded damages of $50,000 after the Supreme Court found he was defamed by a client.

Trevor Prendergast, who has worked as a builder in Toowoomba since 1975, entered into a contract with Shane Roberts in late 2008 to build a shed.

Mr Roberts moved into the shed in January 2009, but a month later wrote to Mr Prendergast complaining of issues with the building.

The dispute saw both parties engage lawyers.

The Supreme Court heard Mr Roberts then proceeded to make defamatory remarks in conversations with one of Mr Prendergast's apprentices, a subcontractor and a shed builder.

The court ruled that Mr Roberts had defamed Mr Prendergast by alleging he was an incompetent and dishonest builder.

He also suggested Mr Prendergast had a "reputation so bad that any person doing business with him is ruining their own reputation".

The court heard Mr Prendergast had been held in high regard before the defamatory statements were made to his work associates.

Mr Prendergast, in a statement to The Chronicle, said he felt his reputation had been vindicated by the court's decision.

"I believe a man's reputation defines who he is and what place he holds in the community," he said. "I look forward to further developing our construction business ... in the same professional manner in which we have always conducted our business.

"I hope that the court's decision has served as a valuable lesson as to what is proper and acceptable in our community."

Mr Prendergast was awarded $54,375 in damages, which included interest of $4375.


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