Brown v Queensland Building and Construction Commission (No 2)

In this case, the respondent, the Queensland Building and Construction Commission, sought to confirm a decision from 2014 which found that a certifier engaged in unsatisfactory conduct or professional misconduct. The applicant, Mr Brown, sought to review this decision. The dispute was heard in the Supreme Court of Queensland. The central issue before the court was whether the certifier's failure to inspect requirements of Bushfire Attack Level 29 amounted to unsatisfactory conduct or professional misconduct. The court also had to consider whether an extension of time for the review application should be granted.

The court examined the relevant statutory provisions and considered whether the certifier's actions fell short of the standard expected of professionals in the building industry. The court found that the certifier's failure to inspect the requirements of Bushfire Attack Level 29 constituted unsatisfactory conduct. The court noted that the certifier's conduct was not only a failure to meet a specific requirement but also a broader disregard for the professional standards expected in the industry. The court further held that the certifier's actions demonstrated a lack of diligence and attention to detail, which was inconsistent with the responsibilities of a certifier. Consequently, the court confirmed the original decision of the Queensland Building and Construction Commission.

The court also addressed the applicant's request for an extension of time to bring the review application. The court granted the extension, noting that there were extenuating circumstances that justified the delay. However, the court emphasised that the extension did not affect the merits of the case. The court dismissed the applicant's application for costs, finding that there were no grounds for awarding costs to the applicant. The decision of the Queensland Building and Construction Commission dated 9 January 2014 was confirmed, and the application for costs was dismissed.