CITATION: | Carter t/as Hulk Constructions v Queensland Building and Construction Commission [2021] QCAT 181 |
PARTIES: | JAMES NEIL CARTER T/AS HULK CONSTRUCTIONS (applicant) |
| v |
| QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION (respondent) |
APPLICATION NO/S: | GAR329-19 |
MATTER TYPE: | General administrative review matters |
DELIVERED ON: | 14 May 2021 |
HEARING DATE: | On the papers |
HEARD AT: | Brisbane |
DECISION OF: | Member Hughes |
ORDERS: | The Tribunal confirms the decision of the Queensland Building and Construction Commission dated 21 March 2019 that a domestic building contract has been validly terminated, having the consequence of allowing a claim for non-completion under the statutory insurance scheme. |
CATCHWORDS: | PROFESSIONS AND TRADES – BUILDERS – STATUTORY INSURANCE SCHEME – where review of decision that domestic building contract validly terminated – where applicant failed to adduce evidence – where Commission’s decision confirmed Queensland Building and Construction Commission Act 1991 (Qld), s 68I Queensland Building and Construction Commission Regulation 2018 (Qld), Schedule 6 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Body Corporate for Parkwood Villas v Queensland Building and Construction Commission [2015] QCAT 59 Clarke v Cascade Pools (Qld) Pty Ltd [2010] QCAT 323 Cormack v Queensland Police Service – Weapons Licensing Unit [2015] QCATA 115 Creek v Raine & Horne Real Estate Mossman [2011] QCATA 226 Laidlaw v Queensland Building Services Authority [2010] QCAT 70 Walker v Queensland Building and Construction Commission [2014] QCAT 228 |
APPEARANCES & REPRESENTATION: | 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] Contract dated 13 March 2018, Item 13, Clause 10, Clause 30; Statement of Carey William Humble dated 27 August 2020, [4], [5], [8], [9], [11], [13]; Council Certificate dated 28 August 2020; Queensland Building and Construction Commission Act 1991 (Qld), s 68I; Queensland Building and Construction Regulation 2018 (Qld), Schedule 6.
[2] Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20.
[3] Walker v Queensland Building and Construction Commission [2014] QCAT 228, [23] citing with approval Laidlaw v Queensland Building Services Authority [2010] QCAT 70, [23].
[4] Cormack v Queensland Police Service – Weapons Licensing Unit [2015] QCATA 115, [33].
[5] Clarke v Cascade Pools (Qld) Pty Ltd [2010] QCAT 323, [3]; Creek v Raine & Horne Real Estate Mossman [2011] QCATA 226, [13], citing with approval Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175, 217.
[6] Laidlaw v Queensland Building Services Authority [2010] QCAT 70, [22] – [25]; Body Corporate for Parkwood Villas v Queensland Building and Construction Commission [2015] QCAT 59, [67].
