Payne v Queensland Building and Construction Commission

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Payne v Queensland Building and Construction Commission [2025] QCAT 268

PARTIES:

JACQUELINE VERONICA PAYNE

(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR116-20

MATTER TYPE:

Building matters

DELIVERED ON:

23 June 2025

HEARING DATE:

21 February 2025

HEARD AT:

Brisbane

DECISION OF:

Member Bertelsen

ORDERS:

1.     The Queensland Building and Construction Commission pay to Jacqueline Veronica Payne the sum of $200,000.00 in full and final satisfaction of her claim for assistance under the Queensland Home Warranty Scheme.

2.     The Queensland Building and Construction Commission and Jacqueline Veronica Payne are given twenty-eight days to make submissions on the applicability of interest and costs after which a final fully quantified decision shall be made.

CATCHWORDS:

PROFESSIONS AND TRADES – BUILDERS – STATUTORY POWER TO PROVIDE INSURANCE COVER FOR DEFECTIVE OR INCOMPLETE BUILDING WORK – where Queensland Building and Construction Commission declined to provide cover in respect of undisputed structurally defective and or incomplete building work – where an owner applied to the Tribunal to review the decision – where it was not disputed such work was primary insurable work under the Queensland and Construction Commission Regulation – where the property the subject of the proceeding was sold prior to remedial work being carried out – loss associated with forced sale – whether statutory insurance scheme should respond to loss incurred  

Queensland Building and Construction Commission Act 1991 (Qld), s 67X, s 67WA.

Queensland Building and Construction Commission Regulation 2018 (Qld), Schedule 6 s 7, s 15, s 24, s 25, s 38, s 39, s 64

Kelly v R (2004) 218 CLR 216

Harvey v Minister for Primary Industry and Resources (2024) HCA 1

APPEARANCES & REPRESENTATION:
Applicant:	Simon Formby of Counsel for the Applicant
Respondent:	Travis Schmitt of Counsel with him Suliana Tabaiwalu in house lawyer for the Respondent

REASONS FOR DECISION

1. On 27 March 2020 the Applicant Jacqueline Veronica Payne filed an application seeking review of the Queensland Building and Construction Commission (‘Commission’) decision of 3 March 2020 whereby the Commission disallowed her claim for non-completion of building work at 137 Melbourne Street, West End under the Queensland Home Warranty Insurance Scheme (‘Scheme’). The builder Brizform Pty Ltd was initially also a Respondent to the review application but was removed by Tribunal direction on 2 April 2024.

Background and Evidence

1. At hearing commencement written admissions by the parties were produced to the Tribunal as follows:

   (a)On 10 January 2018, the Applicant and Brizform Pty Ltd (‘Brizform’) executed a QBCC Level 2 Renovation, Extension and Repair Contract (‘the Contract’) for the renovation of residential property at 137 Melbourne Street, South Brisbane in the State of Queensland (‘the Property’) for $235,950.00.

   (b)Renovation works commenced on 10 January 2018.

   (c)On 17 October 2019, Brizform ceased work, and Mr Troy Clout, former director of Brizform, advised the Applicant that he was putting Brizform into liquidation.

   (d)Based on the above communication, the Applicant, through her solicitors, terminated the contract on 22 October 2019.

   (e)At the time of…