Lawless v Queensland Building and Construction Commission

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:

Lawless v Queensland Building and Construction Commission [2019] QCAT 32

PARTIES:

AMANDA GAY LAWLESS

(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR049-16

MATTER TYPE:

General administrative review matters

DELIVERED ON:

18 February 2019

HEARING DATE:

23 October 2017

HEARD AT:

Maroochydore

DECISION OF:

Member Ann Fitzpatrick

ORDERS:

1.  The decision of the respondent, Queensland Building and Construction Commission, made 13 January 2016 is confirmed in relation to its direction to the builder Ducon Pty Ltd to rectify damaged stormwater drainage pipes and to install flexible fittings. The decision is otherwise amended as set out in the following orders.

2. The Queensland Building and Construction Commission direct rectification of vertical control joints to comply with AS4773, such direction to be made to the licensed contractor who retro-fitted the vertical control joints or to such other licensed contractor as the QBCC may choose in accordance with s 71A of the Queensland Building and Construction Commission Act 1991 (Qld).

3.  The Queensland Building and Construction Commission direct Ducon Pty Ltd to repair two category 2 cracks noted in the Flanagan Report 4585, dated August 2016 as:

(a)       defects 16,17 and 18, being one long crack; and

(b)       defect 28.

Alternatively, the work be performed under the statutory insurance scheme.

All repair work to match existing wall texture and repainting to match existing colour.

CATCHWORDS:

PROFESSIONS AND TRADES – BUILDERS – STATUTORY           POWER          TO          REQUIRE RECTIFICATION OF DEFECTIVE OR INCOMPLETE

BUILDING WORK – whether evidence of defective building work – causes of cracking in dwelling – whether consequential damage occurred – whether fair to direct builder to rectify – where builder in liquidation

ADMINISTRATIVE     LAW     –     ADMINISTRATIVE TRIBUNALS     –     QUEENSLAND     CIVIL     AND

ADMINISTRATIVE TRIBUNAL – where delay through no fault of the applicant – sufficient reason for extension of time for making a direction

Queensland Building and Construction Commission Act
1991 (Qld), s 71H, s 72, s 72A(4), s 86(1)(e), s 87

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20, s 24, s 61

Delahunty v QBSA [2013] QCAT 639

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

QBSA v D’Rozario, R and Anor [2003] QBT 12

APPEARANCES & REPRESENTATION:

Applicant:

D Favell instructed by Spire Law

Respondent:

S Seefeld instructed by Holding Redlich

REASONS FOR DECISION

1. The applicant, Ms Lawless, complained to the Queensland Building and Construction Commission (QBCC) on 17 July 2015 that her dwelling at 43 Hannay Street, Moranbah suffers extensive cracking to external walls across the entry, garage at the front, and down the right side of the garage and severe and expanding cracks outside the laundry.

2. The applicant seeks orders that would enable defective building work and consequential damage to be rectified.1 To that end she has sought a review of a decision of the respondent made on 13 January 2016.

3. The reviewable decision results from a senior internal review officer of the QBCC conducting an internal review in relation to an earlier decision made not…