QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Mai v Queensland Building and Construction Commission [2022] QCAT 296
PARTIES:
PHUONG MAI (applicant)
V
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION (respondent)
APPLICATION NO/S:
GAR441-21
MATTER TYPE:
General administrative review matters
DELIVERED ON:
2 August 2022
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Member Cranwell
ORDERS:
The strike out application filed on 19 November 2021 is dismissed.
CATCHWORDS:
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where complaint made within 6 year and 6 month period – where QBCC failed to make a decision within the 6 year and 6 month period – whether direction to rectify can be issued – whether application should be struck out
Queensland Building and Construction Commission Act 1991 (Qld), s 72A
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 24
Doolan v Queensland Building and Construction Commission [2017] QCAT 58
Jorg & Anor v Queensland Building and Construction Commission [2020] QCAT 528
Kabir v Queensland Building and Construction Commission [2016] QCAT 180
NG & Hastings v Queensland Building Services Authority [2009] QCCTB 137
Shauer v KJ & S O’Brien Contractor Pty Ltd & Ors [2019] QCAT 37Stephens & Anor v Queensland Building and Construction Commission [2018] QCAT 281
APPEARANCES & REPRESENTATION:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)
REASONS FOR DECISION
The Queensland Building and Construction Commission (‘QBCC’) has applied to strike out the review proceedings commenced by Mr Mai. Mr Mai has sought review of a decision of the QBCC dated 22 April 2021 not to issue a direction to rectify.
The QBCC relies on s 72A(4) of the Queensland Building and Construction Commission Act 1991 (Qld) (‘QBCC Act’), which provides:
A direction to rectify or remedy cannot be given more than 6 years and 6 months after the building work to which the direction relates was completed or left in an incomplete state unless the tribunal is satisfied, on application by the commission, that there is in the circumstances of a particular case sufficient reason for extending the time for giving the direction and extends the time accordingly.
The chronology in the present case is straightforward:
(a)On 22 May 2014, work on Mr Mai’s house was completed.
(b)On 27 July 2020, Mr Mai lodged a complaint with the QBCC.
(c)On 22 November 2020, the period of 6 years and 6 months after the completion of the work expired.
(d)On 22 April 2021, the QBCC decided not to issue a direction to rectify.
This position is wholly unsatisfactory. Had the QBCC made a decision within 118 days of Mr Mai lodging his complaint, the decision would have been made within the 6 year and 6 month period. Mr Mai had no way of predicting it would take the QBCC 270 days to make its decision, but had he somehow been able to accurately predict this it would have effectively reduced the 6 year…
Keep reading for free
Create a free CaseChat account to read Mai v Queensland Building and Construction Commission and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2022] QCAT 296
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.