Allen & Taylor v Queensland Building and Construction Commission

The applicants, Allen and Taylor, brought a case against the Queensland Building and Construction Commission in the Queensland Civil and Administrative Tribunal. They entered into a building construction contract with a registered builder and were dissatisfied with the work being done. They issued a Notice under the contract to the builder, who responded, but the applicants terminated the contract. They subsequently made an insurance claim under the Home Warranty Insurance Scheme, which was rejected by the Commission on the basis that the applicants did not properly terminate the contract in terms of the insurance policy. The applicants sought to argue that the termination was proper both under the contract and at general law.

The primary issues before the court were whether the builder responded to the Notice by the stipulated time, whether the response was reasonable, whether the applicants properly terminated the building construction contract, whether the termination was lawful under the contract and at general law, and whether the termination constituted a repudiation by the builder. The court had to determine if the builder's response to the Notice was adequate and if the applicants had the right to terminate the contract.

The court found that the builder's response to the Notice was reasonable and satisfactory, and therefore the applicants did not have the right to terminate the contract. The court also found that the termination of the contract by the applicants was not lawful under the contract or at general law. The court held that the builder's conduct did not amount to a repudiation of the contract, as the builder's response to the Notice and the intention to complete the project demonstrated an intention to perform the contract.

The decision of the Queensland Building and Construction Commission was confirmed, and the applicants' claim was dismissed.