SUPREME COURT OF QUEENSLAND
CITATION: Blundell v Queensland Building and Construction Commission and others [2018] QSC 58 PARTIES:
JASMIN MAREE BLUNDELL
(applicant)
v
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION
(first respondent)
DARRYL HATHWAY PAINTING & DECORATING PTY LTD
(second respondent)
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL(third respondent)
FILE NO/S:
BS No 12203 of 2017
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT: Supreme Court at Brisbane DELIVERED ON:
23 March 2018
DELIVERED AT:
Brisbane
HEARING DATE:
19 January 2018
JUDGE:
Martin J
ORDER:
1. The Application for a statutory order of review is dismissed.
CATCHWORDS:
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – EXISTENCE OF OTHER REVIEW OR APPEAL RIGHTS – where applicant engaged second respondent to do work – where applicant, dissatisfied with said work, purported to terminate contract on basis of second respondent’s default – where applicant also made non-completion claim to first respondent – where decisions were subsequently made by the first respondent in relation to the claim about scope of works – where the applicant sought statutory order of review of those decisions – where the first respondent brought cross-application for an order dismissing the application under s 13 of Judicial Review Act 1991 – whether the application for statutory order of review should be dismissed – whether the application for statutory order of review is under ss 20-22 or 43 of Judicial Review Act 1991 – whether the application for statutory order of review is in relation to a reviewable matter – whether there is provision under another law which entitles the applicant to seek review by another court, tribunal, authority or person – whether it is in the interests of justice to dismiss the application – whether, in determining if it is in the interests of justice to dismiss the application, there exists a public interest – whether, in determining if it is in the interests of justice to dismiss the application, the quantum involved requires another jurisdiction to resolve the dispute
Judicial Review Act 1991
Queensland Civil and Administrative Act 2009
Queensland Building and Construction Commission Act 1991BHP Billiton Ltd v Schultz (2004) 221 CLR 400
Fletcher & Ors v Fortress Credit Corporation (Australia II Pty Ltd) [2012] QSC 359
Nelson v Q-Comp [2004] QSC 167
Stubberfield v Webster [1996] 2 Qd R 211
Turner v Valuer’s Registration Committee of Queensland [2001] 2 Qd R 100COUNSEL:
J A Lovel (Solicitor) for the applicant
S Moody for the first respondentB Long (Solicitor) for the second respondent
SOLICITORS:
Byrne & Lovel Lawyers for the applicant
Queensland Building and Construction Commission for the first respondentCeltic Legal for the second respondent
In March 2017 the applicant engaged Darryl Hathway Painting & Decorating Pty Ltd (DHPD) to paint her house at Bulimba. Her dissatisfaction with the work which was performed led to a decision by the first respondent (QBCC). The applicant seeks to review that decision under the Judicial Review Act 1991 (JR Act). QBCC has brought a cross-application for an order under…
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- Case
- [2018] QSC 58
- Decision Date
CaseChat Overview and Summary
The central legal issues in the case revolved around the scope of the Commission's decisions and whether they were subject to review under the Judicial Review Act 1991. Specifically, the court had to determine whether the application for a statutory order of review was governed by sections 20-22 or section 43 of the Act, and whether the application related to a reviewable matter. Moreover, the court needed to consider whether there was another legal avenue available to Blundell for review by another court, tribunal, authority, or person. The court also had to assess whether it was in the interests of justice to dismiss the application, taking into account factors such as the existence of a public interest and the quantum of the dispute.
The court held that the application for a statutory order of review should be dismissed. The court found that the application was governed by sections 20-22 of the Judicial Review Act 1991 and not section 43. It was determined that the Commission's decisions were not reviewable matters under the Act, as there was another legal avenue available to Blundell for review. Additionally, the court concluded that it was in the interests of justice to dismiss the application, considering the existence of a public interest and the need for another jurisdiction to resolve the dispute. Consequently, the court dismissed the application for a statutory order of review.
Orders
Orders of the court
1. The Application for a statutory order of review is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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