Leisure Pools Construction Townsville Pty Ltd v Queensland Building Services Authority

Leisure Pools Construction Townsville Pty Ltd, a company engaged in the construction of swimming pools, contested a decision of the Queensland Civil and Administrative Tribunal (QCAT) regarding directions issued by the Queensland Building Services Authority (QBSA). The QBSA, after receiving a complaint from the respondent about the condition of a pool constructed by Leisure Pools in 2007, issued directions to the company on 17 June and 30 June 2009, instructing it to rectify the condition of the pool. Leisure Pools challenged the directions, claiming it had not been served with them, and sought a review of the directions by QCAT. The central legal issues were whether the directions were deemed served in law under section 86(2)(b) of the Queensland Building Services Authority Act 1991, and whether the QCAT member erred in refusing the applications for review.

The QCAT member concluded that the directions were deemed served in law, as per section 86(2)(b) of the QBSA Act, because the directions had been sent to the applicant’s registered office and were not returned as unclaimed. The member found that the applicant's failure to check the directions was not a valid defence. The member also held that the applicant's delay in seeking a review did not constitute a valid reason to set aside the directions, as the applicant had not demonstrated any exceptional circumstances warranting such relief. The court determined that the member did not err in refusing the applications for review, as the applicant's claims were not substantiated by evidence.

As a result, the court upheld the QCAT's decision and dismissed the application for leave to appeal. The directions issued by the QBSA remained in effect, and Leisure Pools Construction Townsville Pty Ltd was required to comply with them. The applicant was not granted permission to appeal the QCAT's decision, and the directions to rectify the condition of the swimming pool were upheld.