Crisp v Queensland Building Services Authority

CITATION: Crisp v Queensland Building Services Authority [2010] QCAT 263

PARTIES:	Mr Neville Larsen Crisp
v
Queensland Building Services Authority

APPLICATION NUMBER:   GAR079-10  

MATTER TYPE: General administrative review matters

HEARING DATE:     On the papers

HEARD AT:  BRISBANE

DECISION OF: R Oliver

DELIVERED ON: 16 June 2010

DELIVERED AT:      BRISBANE

ORDERS MADE: 1.     The application for summary dismissal of the Application to Review  is dismissed

CATCHWORDS :  Application to strike out pursuant to section 47 of the QCAT Act; whether the Applicant is an “affected” person within the meaning of section 87 of the Queensland Building Services Authority Act; whether the Applicant is liable to refund insurance money paid out by the Authority under section 71 of the Queensland Building Services Authority.

APPEARANCES and REPRESENTATION (if any):

Decision on the papers.

REASONS FOR DECISION

1. The Queensland Building Services Authority (“the Authority”) applies for summary dismissal of the Applicant’s application to review a decision of the Authority on the grounds that the Applicant is not “affected” by the Authority’s decision of 10 February 2010. 

1. The Applicant undertook building work at Lot 2, Woolshed Creek Road, Hattonvale.  As a consequence of a complaint received, the Authority undertook a building inspection and concluded that the Applicant had performed significant defective building work at the site.  Rather than issue a direction to rectify, the Authority advised the Applicant in its letter of 10 February 2010 that:

“This matter will now be assessed under the Statutory Warranty Scheme, to determine whether or not the defects can be rectified under the Scheme.  For the record, I advise that the BSA has decided not to issue a direction in respect of the defective building work on the following basis:

§Based on your previous rectification efforts, BSA is of the view that you do not possess the requisite technical skills to adequately complete the rectification

§You have previously been provided with opportunities to rectify the defects, and those opportunities have either not be taken up or have resulted in rectification work which is itself defective”

1. In that letter, the Applicant was advised of his rights to seek a review of that decision in this Tribunal. 

1. Such an application for review was filed on 10 March 2010. The Applicant’s right to review is contained in section 87 of the Queensland Building Services Authority Act (“the QBSA Act”) which provides:

2. “A person affected by a reviewable decision of the Authority may apply, as provided under the QCAT Act, to the Tribunal for review of the decision”.

The Authority’s submission

1. It is submitted by the Authority that the Applicant is unaffected by the decision made because:

   a)“The decision causes the Applicant no detriment or prejudice.

   b)That the Applicant is not directed to rectify the building work he performed, then there will be no note of that on his license.”

1. The Authority goes on to submit that the Applicant can carry out rectification work if the owner of the property permits him to do so.  It is unnecessary…