Arabin v Queensland Building and Construction Commission

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Arabin v Queensland Building and Construction Commission [2018] QCAT 188

PARTIES:

PETER ARABIN
(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR037-18

MATTER TYPE:

General administrative review matters

DELIVERED ON:

22 June 2018

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

ORDERS:

The application for miscellaneous matters filed on
26 April 2018 is dismissed.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – SUMMARY JUDGMENT FOR PLAINTIFF OR APPLICANT – GENERALLY – whether applicant seeking determination of a preliminary issue or summary disposal of the proceedings

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 24, s 47, s 48

A L Builders Pty Ltd v Fatseas & Anor [2014] QCATA 171

Reading Australia Pty Ltd v Australian Mutual Provident Society (1999) 217 ALR 495

REPRESENTATION:

Applicant:

Construct Law Group

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. On 19 January 2018, Mr Arabin lodged an application to review a decision of the Queensland Building and Construction Commission (the ‘QBCC’) made on

   
   

   22 December 2017.

2. The orders sought by Mr Arabin were set out in Annexure A to the application to review a decision as follows:

   (a) The Second Internal Review Decision dated 22 December 2017 about the scope of works to be undertaken under the statutory insurance scheme to rectify be set aside.

   (b) The Commission pay the Applicant’s costs of and incidental to the proceedings.

3. On 26 April 2018, Mr Arabin lodged an application for miscellaneous matters with the Tribunal.

4. The directions sought in the application for miscellaneous matters are as follows:

   1. The decision of the QBCC dated 22 December 2017 to issue a scope of work in relation to residential construction work performed by the applicant at the Property is to be set aside and:

   (a) substituted with a decision not to issue a scope of work; or

   (b) the matter is to be returned to the QBCC for reconsideration of whether a scope of work is to be issued in circumstances where the Police of Insurance expired.

   2. If the Applicant is successful on this application, the Applicant seeks to be heard on the issue of costs.

5. The application for miscellaneous matters was accompanied by submissions entitled ‘Applicant’s Submissions in Support of Application to Determine Preliminary Issue’.

6. The powers of the Tribunal in exercising its review jurisdiction are set out in s 24 of the Queensland Civil and Administrative Act 2009 (Qld) (‘the QCAT Act’) as follows:

   Functions for review jurisdiction

   (1) In a proceeding for a review of a reviewable decision, the tribunal may—

   (a) confirm or amend the decision; or

   (b) set aside the decision and substitute its own decision; or

   (c) set aside the decision and return the matter for reconsideration to the decision-maker for the decision, with the directions…