Frame v Queensland Building and Construction Commission

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QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

Frame v Queensland Building and Construction Commission [2024] QCAT 63

PARTIES:

JADEN FRAME

(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR635-21

MATTER TYPE:

General administrative review matters

DELIVERED ON:

8 February 2024

HEARING DATE:

8 May 2023

HEARD AT:

Brisbane

DECISION OF:

Member Davies

ORDERS:

The Queensland Building and Construction Commission decision dated 25 June 2021 to wholly disallow a claim under the Statutory Insurance Scheme is confirmed.

CATCHWORDS:

PROFESSIONS AND TRADES – BUILDERS – STATUTORY INSURANCE SCHEME – where a claim was made upon the Queensland Home Warranty Scheme more than three months after the owner became aware of defects in residential construction work – where the claim was disallowed – whether circumstances exist to allow the applicant to advance claim

Acts Interpretation Act 1954 (Qld), s 24AA
Queensland Building and Construction Commission Act 2009
(Qld), s 20, s 24, s 67X
Queensland Building and Construction Regulation 2003
(Qld)
Queensland Building and Construction Regulation 2018 (Qld), s 3, s 15, s 16

Day Ford Pty Ltd v Sciacca [1990] 2 Qd R 209

Gray v WorkCover Queensland & Anor [2000] QSC 418

Jackson & Ors v Queensland Building and Construction Commission [2018] QCAT 290

Kehl v Board of Professional Engineers of Queensland [2010] QCATA 58.

Messaoudi v Queensland Building and Construction Commission [2021] QCAT 124

Walker v Queensland Building and Construction Commission [2021] QCAT 32

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented

Respondent:

A Hoare, Legal Practitioner employed by the Respondent

REASONS FOR DECISION

Introduction

  1. By an application instituted on 15 November 2021 Jaden Frame (‘Applicant’) sought a review by the Tribunal of a decision made by the Queensland Building and Construction Commission (‘QBCC’) on 18 October 2021.

  2. The decision was an internal review decision. It was made by a Principal Review officer of the QBCC. The decision was to disallow the claim made by the Applicant under the Queensland Home warranty scheme - a statutory insurance scheme (‘SIS’).

  3. The Applicant’s rejected claim was in respect of a crack in the bottom of a concrete inground swimming pool constructed for him under a construction contract.

  4. In summary, the Applicant’s principal contention is that the decision was wrong. The basis for that contention is that he only became that it was a structural defect that was causing the leak on 19 August 2020 and that he lodged a claim under the SIS on 2 October 2020 which he asserts was within the timeframe required by the SIS.[1] Further, the Applicant raises a subsidiary but related issue. He questions the process by which QBCC rescinded an original insurance decision that was favourable to him.[2]

    [1]This position is articulated in various of the Applicant’s documents including on page 2 of his response to QBCC’s hearing submissions under the heading of Dispute 1.

    [2]Applicant’s Dispute Schedule.

  5. For its part, the QBCC position is that the Applicant’s claim was not made within the time it was required to be…

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Details
Case
[2024] QCAT 63
Decision Date

CaseChat Overview and Summary

Frame initiated proceedings against the Queensland Building and Construction Commission contesting a decision to disallow a claim under the Statutory Insurance Scheme. The claim pertained to defects in residential construction work which were discovered by the owner more than three months after completion. The dispute centred on whether there were exceptional circumstances allowing the applicant to proceed with the claim despite the statutory time limit.

The court was required to determine if the statutory time limit for claims under the Statutory Insurance Scheme could be extended beyond the prescribed three months. It also needed to assess whether the circumstances of the case justified a departure from the statutory requirements, considering the policy behind the Scheme and the impact on the applicant.

The court found that the statutory time limit for making claims under the Statutory Insurance Scheme was a strict legislative requirement designed to ensure timely resolution of disputes. It concluded that the statutory period was not subject to equitable discretion and could not be extended on the basis of exceptional circumstances. The court emphasised that the statutory insurance scheme aimed to provide a straightforward and efficient means for resolving disputes in the building industry.

The decision of the Queensland Building and Construction Commission to disallow the claim was affirmed. The court confirmed the Commission's decision dated 25 June 2021 to wholly disallow the claim under the Statutory Insurance Scheme.

Orders

Orders of the court

The Queensland Building and Construction Commission decision dated 25 June 2021 to wholly disallow a claim under the Statutory Insurance Scheme is confirmed.

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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