Jorg v Queensland Building and Construction Commission

The applicants, Mr and Mrs Jorg, sought to appeal a decision of the Queensland Civil and Administrative Tribunal (QCAT) that dismissed their applications for review of decisions by the Queensland Building and Construction Commission (QBCC). The dispute involved allegations that the Jorgs' building work was defective, and they sought a direction from the QBCC for the builder to rectify the defects. The QBCC declined to give such a direction, and the Jorgs sought internal review of this decision, which was also declined. The Jorgs then applied to QCAT to review the QBCC's decisions. The central legal issue was whether the building work was considered 'completed' for the purposes of section 72A(4) of the Queensland Building and Construction Commission Act 1991 (Qld), and if so, whether this completion date triggered the limitation period for issuing a direction to rectify. The QCAT found that the building work was completed more than 6 years and 6 months before the Jorgs filed their applications, thus the tribunal could not extend the time limit for issuing a direction to rectify. The applicants argued that they were denied procedural fairness and that the tribunal failed to consider relevant material, but the court found no basis to grant leave to appeal or to dismiss the QCAT's decision. The QBCC maintained that the Jorgs were not denied procedural fairness, and the applicants had not demonstrated a reasonable prospect of success on appeal or that the matter was of general public importance. Ultimately, the appeal was dismissed, and leave to appeal was refused.