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Patel v Queensland Building and Construction Commission[2019] QCAT 64

Patel v Queensland Building and Construction Commission[2019] QCAT 64

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:

Patel & Anor v Queensland Building and Construction Commission & Anor [2019] QCAT 64

PARTIES:

TOSHAK PATEL

HINA PATEL

(applicants)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

DONALD IAN NEANDER

(respondents)

APPLICATION NO/S:

GAR218-18

MATTER TYPE:

General administrative review matters

DELIVERED ON:

8 March 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

ORDERS:

The application for miscellaneous matters filed on
22 January 2019 is dismissed.

CATCHWORDS:

ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – procedure – whether decision maker should be invited to reconsider decision – where hearing date already set

Queensland Building and Construction Commission Act 1991 (Qld), s 71

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 23

REPRESENTATION:

 

Applicant:

Broadley Rees Hogan

First Respondent:

Self-represented

Second Respondent:

Self-represented

APPEARANCES:

 

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

  1. [1]
    The Queensland Building and Construction Commission (the QBCC) made a decision that a building contract between Mr and Mrs Patel (the Home Owners) and Mr Neander (the Builder) was not validly terminated.  As a consequence, the Home Owners’ claim under the statutory insurance scheme was disallowed.
  2. [2]
    The Home Owners sought review of that decision.  The Builder was joined as a party to the proceedings.  If the Home Owners are successful, the QBCC may be able to recover any amount paid under the statutory insurance scheme from the Builder pursuant to s 71 of the Queensland Building and Construction Commission Act 1991 (Qld).  
  3. [3]
    A hearing was set down for 15 April 2019.  The parties were advised of the hearing date on 2 January 2019.
  4. [4]
    On 22 January 2019, the QBCC filed an application for miscellaneous matters requesting that the Tribunal invite it to reconsider the decision under review pursuant to s 23 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).  The QBCC indicated that a site inspection took place on 11 December 2018, and as a result it may wish to change its decision.
  5. [5]
    It seems to me to be a waste of time and effort to invite the QBCC to reconsider its decision at this late stage of the proceedings.  The QBCC delayed six weeks after the inspection before lodging the application for miscellaneous matters, by which time a hearing date had been allocated.  If the QBCC were to change its decision to one which is favourable to the Home Owner, it is likely that the Builder would wish to review that decision.
  6. [6]
    It seems to me that the most efficient and timely manner to resolve this dispute is for the Tribunal to proceed to hear the matter on the date already set. 
Close

Editorial Notes

  • Published Case Name:

    Patel & Anor v Queensland Building and Construction Commission & Anor

  • Shortened Case Name:

    Patel v Queensland Building and Construction Commission

  • MNC:

    [2019] QCAT 64

  • Court:

    QCAT

  • Judge(s):

    Member Cranwell

  • Date:

    08 Mar 2019

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

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