Miller v Queensland Building and Construction Commission

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,…