Hishon v Queensland Building and Construction Commission

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Hishon v Queensland Building and Construction Commission [2019] QCAT 309

PARTIES:

PETER HISHON

(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR028-18
GAR031-18

MATTER TYPE:

Building matters

DELIVERED ON:

8 October 2019

HEARING DATE:

22 August 2018

HEARD AT:

Brisbane

DECISION OF:

Member Holzberger

ORDERS:

1.   The decision of the Commission not issue a direction to rectify to DMC Rendering Pty Ltd is confirmed; and

2.   The decision of the Commission not issue a direction to rectify to Wahoo Air Conditioning Pty Ltd is confirmed.

CATCHWORDS:

PROFESSIONS AND TRADES – BUILDERS – STATUTORY POWER TO REQUIRE RECTIFICATION OF DEFECTIVE OR INCOMPLETE BUILDING WORK – where applicant seeks to review two related decisions by the QBCC to not issue directions to rectify – where both decisions by the QBCC relate to separate works on the same property – where a review of the QBCC’s decision is done by way of a fresh hearing on the merits – where Tribunal has to determine whether building work was defective on the available evidence – where applicant tries to rely upon Tribunal findings in an unrelated matter to substantiate his claim – whether the QBCC’s decision to not issue directions to rectify was fair and reasonable in the circumstances

Queensland Building and Construction Commission Act 1991 (Qld), s 72

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20(1), s 24(1)

Doolan v Queensland Building and Construction Commission [2017] QCAT 58

P W Woods (Builders) Pty Ltd & Anor v Hishon [2014] QCAT 318

P W Woods (Builders) Pty Ltd v Watch This Space Builders Pty Ltd [2014] QCAT 188

APPEARANCES & REPRESENTATION

Applicant:

Self-represented

Respondent:

N Thirumoorthi, legal counsel of the Queensland Building and Construction Commission 

REASONS FOR DECISION

1. Peter Hishon has applied to the Tribunal for a review of two internal review decisions of the Queensland Building and Construction Commission (‘the QBCC’) dated 6 December 2017.

2. The first of these proceedings, GAR028-18, is a decision not to give a direction to DMC Rendering Pty Ltd (‘DMC’) pursuant to s 72 of the Queensland Building Construction Commission Act 1991 (Qld) (‘QBCC Act’) to rectify what Mr Hishon says are defective rendering works (‘the rendering decision’).

3. The second proceeding, GAR031-18, is a decision not to give a direction to Wahoo Air Conditioning Pty Ltd (‘Wahoo’) to rectify what Mr Hishon says are defective air conditioning works (‘the air conditioning decision’).

4. In respect of each matter the material relied on by Mr Hishon is contain in the application and a statement by him dated 15 March 2018. Mr Hishon provided a written opening statement at the commencement of the hearing and lengthy written submissions after the hearing concluded.

5. The QBCC material in each proceeding included a statement of reasons by the decision maker Jonathan Pacey and a witness statement and report by its building inspector Daniel Yates. Both Mr Pacey and Mr Yates gave oral evidence and were cross-examined by Mr Hishon. The Commission also provided written…