Hammond v Queensland Building Services Authority

CITATION: Hammond and Anor v Queensland Building Services Authority [2012] QCAT 404

PARTIES:	Paul Hammond Anita Hammond (Applicant)
v
Queensland Building Services Authority (Respondents)

APPLICATION NUMBER: GAR065-12

MATTER TYPE: General administrative review matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Dr Bridget Cullen, Member

DELIVERED ON: 31 August 2012

DELIVERED AT: Brisbane

ORDERS MADE: 1.    Leave for an extension of time to file the application for review is granted.

CATCHWORDS:

Building and Construction – Application to review decisions of the Queensland Building Services Authority – application out of time – whether s 61 QCAT Act relief from procedural requirements able to be utilised – factors for consideration in grant of extension of time – extension granted

Queensland Civil and Administrative Tribunal Act2009, ss 32, 61

Cardillo v Queensland Building Services Authority [2011] QCAT 574

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

Application for an extension of time

1. Mr Paul Hammond and Mrs Anita Hammond (the Applicants) contracted with Inka Constructions Pty Ltd to perform building works on their property at Hilltop Terrace in Springfield Lakes.  Following completion of the building works, Mr and Mrs Hammond noticed movement at the property, and made a complaint to the Respondent, the Queensland Building Services Authority (QBSA).

2. The QBSA reviewed the complaint, and on 28 June 2011 declined to issue a direction to rectify to Inka Constructions, indicating it was the QBSA’s view that Inka Constructions was not responsible for any defects, citing the possibility that the actions of the owner led to the subsidence or settlement of the building (specifically, in the planting of trees near or adjacent to the building, and/or not maintaining site drainage).  The QBSA’s decision in this respect also precluded Mr and Mrs Hammond from coverage pursuant to the QBSA’s Home Warranty statutory insurance policy, and their claim was denied. 

3. Mr and Mrs Hammond maintain that Inka Constructions failed to install adequate drainage, causing the movement and cracking which has occurred since the works were completed.  They seek review of the QBSA’s decisions not to issue a direction to rectify and to reject their insurance claim. 

4. In order to proceed with their application for review, Mr and Mrs Hammond seek an extension of time pursuant to s 61 of the Queensland Civil and Administrative Tribunal Act 2009, as they have brought their application beyond the 28 day period allowed for pursuant to s 33(3) of the QCAT Act. It is this application that I must make a decision with respect to.

Application for an extension of time

1. It is not in dispute that QCAT has jurisdiction to review the decisions of the QBSA in this matter, provided that an extension of time is obtained by Mr and Mrs Hammond. 

2. The time limit imposed by the QCAT Act in relation to a review of this nature is 28 days…