Instal-Fix Pty Ltd v Queensland Building Services Authority

The applicant, Instal-Fix Pty Ltd, was engaged to construct a flat roof pergola attached to a residential premises. The owner of the premises alleged that water ingress occurred where the patio roof attached to the dwelling, causing overflow from the gutters. The respondent, Queensland Building Services Authority, issued the applicant with a direction to rectify the alleged defects. Instal-Fix subsequently sought a review of the direction to rectify, which was refused. The applicant then applied for leave to appeal the refusal of the review. The primary legal issues were whether the refusal to review was against the weight of evidence and whether there was an error of law or fact.

The court held that the refusal to review was not against the weight of evidence and there was no error of law or fact. The court found that the direction to rectify was appropriate given the evidence presented. The court also noted that the applicant had not demonstrated that the refusal of the review was unreasonable or that there was a substantial injustice caused by the refusal. The court further held that the applicant had not established a sufficient basis for leave to appeal. The application for leave to appeal was therefore refused.

The court found that the respondent had correctly exercised its discretion in issuing the direction to rectify, and that the decision to refuse the review was not unreasonable. The court also held that the applicant had not demonstrated any error of law or fact in the decision. Accordingly, the application for leave to appeal was refused. The respondent's direction to rectify remained in place.