McLERIE and ITALIA STONE GROUP PTY LTD

The parties involved in this case were McLERIE and ITALIA STONE GROUP PTY LTD, with the dispute concerning the Building Services (Complaint Resolution and Administration) Act 2011 (WA). McLERIE, the applicant, sought to review a decision made by the Building Commissioner not to accept a complaint. The case was heard in the Western Australian Supreme Court.

The primary legal issue was whether the court should grant the applicant leave to review the Commissioner's decision not to accept the complaint. The court had to consider the requirements for granting such leave under the Act. The applicant argued that the Commissioner's decision was unreasonable and that there were grounds for review. The respondent, on the other hand, contended that the Commissioner's decision was within their discretion and did not warrant review.

The court examined the statutory framework and the relevant case law to determine if the application for leave to review should be granted. It found that while the Commissioner's decision was indeed within their discretion, there were circumstances in which the court could intervene. The court held that the decision was unreasonable and that there were sufficient grounds for the applicant to challenge it. Consequently, the court granted the application for leave to review in part, allowing the complaint to proceed under certain conditions.