Iqbal v QBCC

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Iqbal v QBCC [2024] QCAT 2

PARTIES:

MOHAMMED JAVED IQBAL

(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR551-21

MATTER TYPE:

General administrative review matters

DELIVERED ON:

5 January 2024

HEARING DATE:

22 November 2023

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

The decision of the Queensland Building and Construction Commission disallowing the applicant’s claim under the statutory insurance scheme is confirmed.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where a home owner sought review of a decision made by the Commission not to allow a claim under the statutory insurance for incomplete building work – where the homeowner had issued a notice of breach to the builder – where the notice was not a valid notice under the contract – where the home owner was therefore not entitled to terminate the contract based on the failure of the builder to remedy the claimed breach – where there was no termination under the general law – where the home owner was therefore not entitled to make a claim for incomplete work under the statutory insurance scheme

Queensland Building and Construction Commission Act1991 (Qld), s 67WA, s 67A, s 67X, s 67Y

Queensland Building and Construction Commission Regulation2018 (Qld), Schedule 6, s 3, s 4, s 6

Bax Investments Pty Ltd v Richards & Anor [2020] QCAT 404

Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd (no. 3) [2012] VSC 99

APPEARANCES & REPRESENTATION:
Applicant:	Self-represented
Respondent:	S Forrest instructed by Holding Redlich

REASONS FOR DECISION

1. Mr Iqbal purchased a kit home from China. He engaged a building contractor, Mr Chowdhury, who was also an engineer, to organise sub-contractors to erect it. Mr Chowdhury was to be paid a management fee of $1500 on practical completion.

2. Mr Iqbal emailed Mr Chowdhury’s representative, Dr Kabir, a quotation sheet from the manufacturer which contained the component parts’ specifications. Mr Chowdhury prepared structural drawings in his capacity as an engineer based on the specifications. Mr Chowdhury’s company, Australia Wide Consulting Services Pty Ltd, invoiced Mr Iqbal for that design work.

3. In the course of construction, certain parts of the kit home were found to be at variance with the manufacturer’s specifications and therefore the engineering drawings based on the specifications required amendment. The variance caused delay in the project. The parties fell out over the delay and responsibility for the errors in the drawings. Mr Iqbal maintained Mr Chowdhury was responsible and he should have checked the component parts when inspecting them. Mr Chowdhury claimed Mr Iqbal had provided erroneous specifications.

4. Mr Iqbal gave notice of breach of contract and then terminated the contract. He claimed against the statutory insurance scheme for incomplete residential construction work. The Queensland Building and Construction Commission (‘QBCC’) refused the claim on the basis that to make a claim a homeowner was required to terminate the building contract on the breach of the builder, and there had…