Brooks v Gannon Constructions Pty Limited

Brooks commenced proceedings against Gannon Constructions Pty Limited in the Queensland Civil and Administrative Tribunal (QCAT) regarding a statutory warranty claim under the Home Building Act 1975 (Qld). The applicant alleged that the respondent, as a home builder, failed to comply with certain statutory warranties in the construction of a residential property. The primary dispute centred on the respondent's failure to address defects in the construction, leading to the applicant seeking compensation for the cost of rectifying these issues.

The legal issues before the Tribunal involved whether the respondent could rely on certain statutory defences available under section 18F of the Act, and whether the Tribunal should exercise its discretion under section 48 of the Magistrates Act 1921 (Qld) to prefer the outcome that would best serve the interests of justice. Additionally, the Tribunal had to determine the amount of compensation, if any, that the respondent should pay to the applicant.

The Tribunal found that the respondent had failed to discharge the onus of proving any available statutory defences and that the applicant's claims were substantiated. In exercising its discretion under section 48, the Tribunal determined that the preferred outcome was to award the applicant the full amount claimed for the rectification of the defects. Consequently, the Tribunal ordered the respondent to pay the applicant $105,836.57 immediately. The Tribunal also set out a schedule for further submissions on costs, directing that any further documents or submissions be exchanged by specific dates and that the issue of costs would be decided on the papers unless the parties requested a hearing.