Lewis v Commissioner for State Revenue

In the case of Lewis v Commissioner for State Revenue, the applicants sought a review of the Commissioner's decision to reject their application for the HomeBuilder Grant. The applicants entered into a building contract with a builder who did not hold a builder’s licence, although a nominee licensed builder was named on the contract. The application for the grant was rejected for non-compliance with the Administrative Direction relating to the grant. The applicants argued that the building contract was a comprehensive contract as defined in clause 14 of the Administrative Direction, and that the reference to “builder” in clause 14 should not be construed as requiring a builder licensed under the Queensland Building and Construction Act.

The court was required to decide whether the building contract was a comprehensive contract within the meaning of clause 14 of the Administrative Direction, and if the reference to “builder” in that clause should be construed as requiring a licensed builder under the Queensland Building and Construction Act. The applicants contended that the Administrative Direction did not require the builder to hold a licence and that the nomination of a licensed builder on the contract satisfied the requirements of the Direction. The Commissioner argued that the Administrative Direction required the builder to be licensed, and that the nomination of a licensed builder on the contract did not satisfy this requirement.

The court held that the Administrative Direction did not require the builder to hold a licence, and that the nomination of a licensed builder on the contract satisfied the requirements of the Direction. The court found that the building contract was a comprehensive contract within the meaning of clause 14 of the Administrative Direction, and that the reference to “builder” in that clause should not be construed as requiring a licensed builder under the Queensland Building and Construction Act. The court set aside the decision of the Commissioner and allowed the applicants' application for the HomeBuilder Grant.