Jorg v Queensland Building and Construction Commission

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Jorg & Anor v Queensland Building and Construction Commission [2019] QCATA 124

PARTIES:

FRANZ JORG

(first applicant)

CHRISTINA JORG

(second applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

APL378-16

ORIGINATING APPLICATION NO/S:

GAR264-15

MATTER TYPE:

Appeals

DELIVERED ON:

7 August 2019

HEARING DATE:

22 September 2017

HEARD AT:

Brisbane

DECISION OF:

Senior Member Howard, Presiding

Member Deane

ORDERS:

The application for leave to appeal and appeal is dismissed.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – WHAT IS – GENERALLY – where decision to deny home owners’ claim under statutory insurance scheme confirmed on review – where home owners’ argue that Tribunal erred in both law and fact – where home owners’ also allege a denial of procedural fairness at hearing – whether the Tribunal’s decision on review to confirm the QBCC’s decision was contrary to the available evidence –– whether leave to appeal or appeal should be granted

Building Code of Australia

Queensland Building and Construction Commission Act 1991 (Qld), s 42, s 69, s 69(2)

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20, s 28, s 141, s142, s 142(1), s 142(3)(b), s 146, s 147

Chambers v Jobling (1986) 7 NSWLR 1

Dearman v Dearman (1908) 7 CLR 549

Dunmoor Pty Ltd v Queensland Building and Construction Commission & Anor [2016] QCATA 39

Ericson v Queensland Building and Construction Commission [2014] QCA 297

Fox v Percy (2003) 214 CLR 118

Gray v Simmons [2016] QCAT 239
Harrison & Anor v Meehan [2017] QCA 315
John Urquhart t/as Hart Renovations v Partington [2016] QCA 199
Jorg v Queensland Building and Construction Commission [2016] QCAT 364
Kehl v Board of Professional Engineers of Queensland [2010] QCATA 58

Moose Plastering Pty Ltd v Habul [2014] QCATA 354

APPEARANCES & REPRESENTATION:
Applicant:	Self-represented
Respondent:	J Stroud, legal counsel of the Queensland Building and Construction Commission

REASONS FOR DECISION

1. Mr and Mrs Jorg (‘the Jorgs’) are homeowners, who made a claim against the statutory insurance scheme administered by the Queensland Building and Construction Commission (‘QBCC’) in respect of leaking windows, described as the sitting and dining room windows and the southern veranda window. The QBCC declined their claim.[1]

   [1]23 April 2015 and further on internal review, on 23 September 2015.

2. The Jorgs unsuccessfully applied to the Tribunal to review the QBCC’s decision. Their review application was heard over two days.[2] They subsequently commenced appeal proceedings in respect of the Tribunal’s review decision.[3]

   [2]22 July and 23 September 2016.

   [3]Application for leave to appeal or appeal filed on 8 November 2016.

3. The Jorgs are self-represented in the appeal proceedings. They have done their best to articulate the reasons they say the learned Member’s decision should be set aside.

4. The delay in finalising this appeal proceeding is regrettable and relates to resourcing issues.

   Leave to appeal and appeal

5. On appeal, legal, factual or discretionary error must be demonstrated. An…