Tim Elliss appeared for the applicant, instructed by Robinson Locke Lawyers.
The case concerned the tribunal review of decisions made by the Queensland Building and Construction Commission (QBCC).
The QBCC issued the applicant a direction to rectify (DTR decision) in response to defects found in the construction of a new house. Subsequently, after 28 days a decision of non-compliance with the direction to rectify was issued (USW decision).
The applicant submitted it was manifestly unjust and unreasonable, and not in accordance with natural justice to make findings of non-compliance with the DTR decision. Therefore, the central issue for the tribunal was whether the QBCC, and therefore the Tribunal when conducting merits review, has the power to make a decision that work undertaken at its direction is not of a satisfactory standard when the builder has been unable to complete the work for reasons beyond its control.
The tribunal ordered the USW decision to be amended to omit references to unsatisfactory work in relation to 12 items in the DTR decision. Due to circumstances beyond their control, the applicant was unable to comply with the direction to rectify.
As the applicant was not given the opportunity to comply with the DTR decision despite its best efforts and willingness to do so, the USW decision was not a right and proper use of the QBCC’s statutory power.
The judgment can be read by clicking here
