Miller v Queensland Building and Construction Commission

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QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

Miller v Queensland Building and Construction Commission [2024] QCAT 231

PARTIES:

REBECCA MILLER

(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR 428-22

MATTER TYPE:

General administrative review matters

DELIVERED ON:

5 June 2024

HEARING DATE:

On the papers

HEARD AT:

Cairns

DECISION OF:

Member Taylor

ORDERS:

1.     The decision of the Queensland Building and Construction Commission made on 12 September 2022, to disallow the claim made under the Queensland Home Warranty Scheme, is confirmed.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where a homeowner seeks review of a decision of the Queensland Building and Construction Commission to disallow a claim under the Queensland Home Warranty Insurance Scheme – where in her application for review, the homeowner seeks relief in the nature of monetary damages – where the relief sought is beyond the review jurisdiction of this Tribunal

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACT – OTHER MATTERS - where a homeowner entered into an oral contract with a contractor for the construction of a substantial retaining wall - where there was no written contract document – where the home-owner asserts the contractor claimed to hold a licence for the performance the work – where the contractor was not licenced to perform the work – where there was no express nor implied claim that the contractor held a licence to perform residential construction work

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – ILLEGAL AND VOID CONTRACTS – EFFECT OF ILLEGALITY OR INVALIDITY – where a homeowner entered into an oral contract with a contractor for the construction of a substantial retaining wall – where the work under the contract could be considered to be domestic building work – where the contract was thus of no effect – where as a result of the contract being of no effect no cover under the Queensland Home Warranty Scheme could have come into force

PROFESSIONS AND TRADES – BUILDERS – STATUTORY INSURANCE SCHEME – where a homeowner entered into a contract with a contractor for the construction of a retaining wall – where the work performed was substantially defective - where the homeowner made a claim for assistance under the Queensland Home Warranty Scheme – where there was no written contract document – where the homeowner asserted the contractor claimed to hold a licence for the performance of residential construction work – where the contractor was not licenced to perform the work – where there was no express nor implied claim that the contractor held a licence to perform residential construction work – whether the work in question was residential construction work - whether cover under the Queensland Home Warranty Scheme came into force

Acts Interpretation Act 1954 (Qld), s 14D
Queensland Building and Construction Commission Act 1991 (Qld), s 67X, s 67WC, s 67WD, s 68H(1)(c), s 77, s 86, s 86E, s 87, Schedule 1B s 4, Schedule 1B s 7, Schedule 1B s 14, Schedule 1B s 18,…

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Details
Case
[2024] QCAT 231
Decision Date

CaseChat Overview and Summary

The homeowner, in this case, sought review of a decision by the Queensland Building and Construction Commission to disallow a claim made under the Queensland Home Warranty Insurance Scheme. The homeowner had entered into an oral contract with a contractor for the construction of a substantial retaining wall. There was no written contract document, and the contractor was not licensed to perform residential construction work. The homeowner sought monetary damages from the Queensland Civil and Administrative Tribunal.

The legal issues before the court were whether the contract was valid and whether the homeowner was entitled to claim under the Queensland Home Warranty Scheme. The court had to consider the nature of the contract and whether the work performed was of a residential nature. The court had to determine whether the work performed could be considered domestic building work and whether the contract was of no effect as a result. Additionally, the court had to consider whether cover under the Queensland Home Warranty Scheme came into force.

The court held that the contract was of no effect as it was an oral agreement for domestic building work and the contractor was not licensed to perform such work. The court found that the work performed was substantially defective and that the homeowner was not entitled to claim under the Queensland Home Warranty Scheme. The court confirmed the decision of the Queensland Building and Construction Commission to disallow the claim made under the Queensland Home Warranty Scheme. The homeowner's application for review was dismissed.

The court found that the relief sought by the homeowner was beyond the review jurisdiction of the Tribunal. The decision of the Queensland Building and Construction Commission made on 12 September 2022, to disallow the claim made under the Queensland Home Warranty Scheme, was confirmed.

Orders

Orders of the court

1. The decision of the Queensland Building and Construction Commission made on 12 September 2022, to disallow the claim made under the Queensland Home Warranty Scheme, is confirmed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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