Factory Direct Pools Pty Ltd v Queensland Building Services Authority

Factory Direct Pools Pty Ltd sought a review of a decision made by the Queensland Building Services Authority (QBSA) to issue a direction to rectify in relation to a swimming pool installed at a residential property. The central issue was whether the pool was installed in compliance with the relevant Australian Standard, specifically regarding the installation of a fully-piped sub-soil drainage system. The QBSA found that the pool was installed in a manner that did not comply with the standard and was defective regardless of the standard, issuing a direction to rectify. The respondent, Factory Direct Pools Pty Ltd, contended that the installation of the pool was defective but argued that the drainage system was excluded by the contract between the parties.

The Court considered whether the QBSA had exercised its powers reasonably and lawfully in issuing the direction to rectify. It examined whether the installation of the pool was indeed defective and whether the direction to rectify was appropriate. The Court found that while the pool was defective, the QBSA had not properly exercised its powers in issuing the direction. The installation was defective in that the southern wall of the pool exhibited deflection outside of allowable tolerances, which could potentially cause damage to the pool shell. However, the Court determined that the QBSA's decision to issue the direction to rectify was not in accordance with the applicable legislative framework. The Court set aside the direction to rectify and directed Factory Direct Pools Pty Ltd to rectify the defective work within 28 days.

The Court also addressed the procedural aspects of the case, setting timelines for the filing and serving of costs applications and responses, and scheduling a hearing for the costs application without an oral hearing. This meticulous approach to procedural fairness ensured that both parties were given a fair opportunity to present their arguments regarding costs.