QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Castro v Queensland Building and Construction Commission [2025] QCAT 119
PARTIES:
ADAM CASTRO (applicant)
v
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION (respondent)
APPLICATION NO/S:
GAR576-23
MATTER TYPE:
Building matters
DELIVERED ON:
20 March 2025
HEARING DATE:
15 November 2024
HEARD AT:
Brisbane
DECISION OF:
Member Bertelsen
ORDERS:
1. The decision of the Queensland Building and Construction Commission dated 26 July 2023 not to issue a direction to rectify to Rockwell Group Construction Pty Ltd is set aside.
2. The Queensland Building and Construction Commission shall issue a direction to rectify to Rockwell Group Construction Pty Ltd in respect of the four complaint items the subject of the review application.
CATCHWORDS:
PROFESSIONS AND TRADES – BUILDERS – STATUTORY POWER TO REQUIRE RECTIFICATION OF DEFECTIVE OR INCOMPLETE BUILDING WORK – where the Queensland Building and Construction Commission decided not to give a direction to rectify in respect of complaints about building work – where an owner applied to the Tribunal to review the decision – whether the initial contractor builder company ever completed asserted defective works – whether it was fair and reasonable not to issue a direction to rectify.
Queensland Building and Construction Commission Act 1991 (Qld), s 71I
J M Kelly (Project Builders) Pty Ltd v Queensland Building Services Authority [2015] QCAT 66
Waddell v Queensland Building and Construction Commission [2023] QCAT 159
Taouk v Queensland Building Services Authority [2013] QCAT 508
Maldes v Queensland Building and Construction Commission [2022] QCAT 359
APPEARANCES & REPRESENTATION:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld)
Applicant:
King & Wood Mallesons
Respondent:
Suliana Tabaiwalu Principal Lawyer
REASONS FOR DECISION
By application filed 22 August 2023 the applicant Adam Castro (‘Mr Castro’) seeks review of the decision of the Queensland Building and Construction Commission (‘Commission’) not to issue a direction to rectify in respect of structurally defective building work related to waterproofing of the basement undertaken at Mr Castro’s property situated 1/94 Monaco Street Broadbeach Waters. Mr Castro asserts the correct and preferable decision would be to issue a direction to rectify to Rockwell Group Constructions Pty Ltd (‘Rockwell’) the initial builder of the residence constructed at 1/94 Monaco Street Broadbeach Waters or alternatively to Nicholas Crosland director of Crosland Constructions Pty Ltd (‘Crosland Constructions’) the owner/developer of the subject site upon which 1/94 Monaco Street Broadbeach Waters was constructed.
Background and Evidence
Mr Castro made four complaints to the Commission on 8 August 2022. They were.
1 Extensive waterproofing issues with the construction of the basement.
2 Extensive waterproofing issues to the construction of the foundations and basement structure. Which we understand this is the subject of a prior QBCC investigation.
3 Consequential damage to wall linings, ceilings, timber wall panelling cellar and lift, lift metalwork in the base of the lift shaft and tiling of the basement due to water ingress, corrosion, and…
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- Case
- [2025] QCAT 119
- Decision Date
CaseChat Overview and Summary
The central legal issues in the case were whether the QBCC's decision not to issue a direction to rectify was fair and reasonable, and if the initial contractor had indeed completed the asserted defective works. The court needed to determine whether the QBCC had properly exercised its statutory power to require rectification of defective or incomplete building work. It also had to consider whether the Commission's decision was made without bias, based on relevant considerations, and whether it was open to the Commission to come to the decision it did.
The court found that the QBCC had not properly exercised its statutory powers and that the Commission's decision was unreasonable. The evidence demonstrated that the initial contractor had not completed the asserted defective works, and it was therefore not fair and reasonable for the QBCC not to issue a direction to rectify. The court set aside the QBCC's decision and ordered that a direction to rectify be issued to Rockwell Group Construction Pty Ltd in respect of the four complaint items the subject of the review application.
Orders
Orders of the court
1. The decision of the Queensland Building and Construction Commission dated 26 July 2023 not to issue a direction to rectify to Rockwell Group Construction Pty Ltd is set aside.
2. The Queensland Building and Construction Commission shall issue a direction to rectify to Rockwell Group Construction Pty Ltd in respect of the four complaint items the subject of the review application.
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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