Harris v Queensland Building and Construction Commission

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Harris v Queensland Building and Construction Commission & Anor [2020] QCAT 155

PARTIES:

JULIE HARRIS

(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(first respondent)

WALDERMAR LUCJAN KUCZYNSKI

(second respondent)

APPLICATION NO/S:

GAR068-18

MATTER TYPE:

General administrative review matters

DELIVERED ON:

8 May 2020

HEARING DATE:

16 April 2019

HEARD AT:

Brisbane

DECISION OF:

Member Holzberger

ORDERS:

1.   The decision of the Queensland Building and Construction Commission made on 17 January 2018 is set aside.

2.   The decision is substituted with a new decision that Julie Harris is entitled to claim under the statutory insurance scheme.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – application to review a decision to disallow a claim under the statutory insurance scheme – whether a homeowner should have the benefit of a legislative scheme

PROFESSIONS AND TRADES – BUILDERS – STATUTORY INSURANCE SCHEME - claim under statutory insurance scheme for residential construction work – where false representations made that a relevant licence was held – where claim is allowed

Queensland Building and Construction Commission Act 1991 (Qld), s 67WA, s 67WC, s 68H(1)(b), s 68H(1)(c), s 68H(2), s 86(1)(h), s 87, sch 2
Queensland Building and Construction Commission Regulation 2003 (Qld), sch 2C, s 1(1), s 7(1), 7(2), s 15

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20

BM Farage Pty Ltd as trustee for Farage Discretionary Family Trust v Queensland Building Service Authority [2003] QCCTB 11
Cester v Queensland Building and Construction Commission [2018] QCAT 87
Grevsmuhl v Queensland Building and Construction Commission (unreported) (14 November 2018)
Jorg v Queensland Building and Construction Commission [2016] QCAT 364
Queensland Building Services Authority v Fox [2005] QDC 129

Stevens v Queensland Building and Construction Commission [2018] QCAT 331

APPEARANCES & REPRESENTATION:
Applicant:	Self-represented
First Respondent:	N Glen, in-house legal officer
Second Respondent:	Self-represented

REASONS FOR DECISION

1. Julie Harris has applied to the tribunal for a review of the decision of the Queensland Building and Construction Commission (‘the Commission’) to disallow her claim under the Queensland Home Warranty Scheme (‘Statutory Insurance Scheme’).[1]

   [1]Application to review a decision filed 15 February 2018.

2. The decision was notified to her by letter dated 26 October 2017 (‘the original decision’). She applied for an internal review of the original decision by letter dated 17 January 2018. The Commission confirmed the original decision (‘IR decision’). The IR decision is the decision to be reviewed by the tribunal.

3. Waldermar Kuczynski applied to be joined as a party to the proceeding and was so joined by directions dated 24 October 2018.[2]

   [2]Tribunal Directions dated 24 October 2018, Direction 1.

4. On 17 December 2019, I made orders setting aside the decision under review and substituting a new decision that Ms Harris is entitled to claim under the Statutory Insurance Scheme. These are my reasons for that decision.

Background

1. In June 2017, on the recommendation of a plumber, Mr Thain and Ms Harris sought a quotation from Mr Kuczynski for the renovation of…