The Queensland Building and Construction Commission (Commission) sought to recover circa AUD200,000 from the third defendant pursuant to s 111C(6) of the Queensland Building and Construction Commission Act 1991, on the basis that he was a director of Budget Quality Homes Pty Ltd (BQH) who was the building contractor liable to the Commission pursuant to s 71(1) of the Act. The case concerned a contract to perform residential construction work which BQH was alleged to have taken over from Kooner Constructions Pty Ltd. The homeowners lodged a claim on the statutory insurance scheme for incomplete work, which the Commission approved and paid. The Judge found that although BQH was the relevant building contractor, the third defendant was not liable because he was not a director when the building work the subject of the claim was, or was to have been, carried out.
Rachel De Luchi appeared for the plaintiff, instructed by Robertson Locke Litigation Lawyers.
The judgment is published here.