The applicant body corporate applied to review a decision of the Queensland Building and Construction Commission about the conduct of a building certifier. The building certifier completed certification works of a residential complex at Cooee Bay, Queensland. Many years later, defects in the building works emerged. A question arose as to QCAT’s jurisdiction to decide the application and whether the body corporate had standing to apply for a review as a “person affected” by the decision of the QBCC. QCAT accepted the submissions of the building certifier that the body corporate was directly affected by QBCC’s decision because some of the complaints related to the complex’s common property.
Matthew Wilkinson appeared for the Second Respondent, instructed by Swanwick Murray and Roche.
The judgment is available here.
