Arcon Constructions Pty Ltd v Queensland Building Services Authority

Arcon Constructions Pty Ltd sought a review of a decision made by the Queensland Building Services Authority regarding the scope of works in a construction project. The case was heard in the Queensland Court of Appeal. The primary issue before the court was whether the Queensland Building Services Authority should have withdrawn the scope of works soon after the Supreme Court's decision in the case of McNab, which appeared to render a step leading to the decision void. The secondary issue was whether the authority should be held liable for the costs incurred by Arcon Constructions Pty Ltd in pursuing this review.

The court held that the step leading to the decision was indeed void due to the Supreme Court's ruling in McNab. However, the court found that the Queensland Building Services Authority did not need to immediately withdraw the scope of works. The court emphasised that the authority had acted within its jurisdiction and in good faith, and therefore, should not be held liable for the costs incurred by Arcon Constructions Pty Ltd. Nevertheless, the court granted Arcon Constructions Pty Ltd's application for costs incurred after 9 April 2013, fixing the amount at $1,870.80. The Queensland Building Services Authority was ordered to pay this amount to Arcon Constructions Pty Ltd.