Harper Property Builders Pty Ltd v Queensland Building and Construction Commission

The case of Harper Property Builders Pty Ltd v Queensland Building and Construction Commission involved an appeal against an interlocutory decision made by the Queensland Civil and Administrative Tribunal (QCAT). The central dispute was whether the Tribunal erred in denying the builder's application for an extension of time to seek review of a decision regarding the termination of a building contract. The appeal was heard by the Supreme Court of Queensland.

The key legal issues before the Court were whether the Tribunal had erred in law, specifically by failing to appreciate the substance of the builder's case, by placing undue weight on the builder's explanation for the delay in commencing the review proceeding, and by making findings of fact and determining issues not properly before it. The Court also considered whether there was an error in the Tribunal's exercise of discretion in denying the extension of time.

The Court found that the Tribunal had indeed erred in law. It was determined that the Tribunal failed to properly appreciate the builder's case, and that there was a failure of natural justice. The Tribunal's approach was found to be akin to deciding the case on the merits, despite the preliminary and interlocutory nature of the application. The Tribunal also erred by placing undue weight on the builder's explanation for the delay and by making findings of fact and determining issues that were not before it. The Court found that these errors constituted a failure to understand the substance of the builder's case and a failure in judicial method.

The Court granted leave to the builder to appeal against the QCAT decision. It set aside the Tribunal's decision of 21 July 2017 and substituted an order extending the time for the builder to commence the application for review to 3 March 2017.