Queensland Building and Construction Commission v Burr

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MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Queensland Building and Construction Commission v Burr [2014] QMC 25

PARTIES:

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(plaintiff)

v

JASON ANDREW BURR

(defendant)

FILE NO/S:

M3026/14

DIVISION:

Magistrates Courts

PROCEEDING:

Application for summary judgment (in a claim for a debt under the Queensland Building and Construction Commission Act 1991)

ORIGINATING COURT:

Magistrates Court at Brisbane

DELIVERED ON:

24 October 2014

DELIVERED AT:

Brisbane

HEARING DATE:

8 August 2014, 9 September 2014

MAGISTRATE:

Springer BL

ORDER:

Judgment for the plaintiff in the sum of $47,307.00 plus interest and costs to be determined, following submissions.

CATCHWORDS:

TRADE PRACTICES – BUILDING AND CONSTRUCTION – Claim to recover amount paid by Queensland Building and Construction Commission under the Statutory Insurance Scheme from a Building Contractor

COUNSEL:

MM Cook appeared for plaintiff

C Upton appeared for defendant

SOLICITORS:

Rostryn Carlisle for plaintiff

PPCS Lawyers for defendant

Introduction

  1. The plaintiff, the Queensland Building and Construction Commission (“the Commission”), seeks summary judgment against the defendant under rule 292 of the Uniform Civil Procedure Rules.[1] The claim relates to payments made under the statutory insurance scheme provided for in the Queensland Building and Construction Commission Act 1991 (the QBCC Act). That Act was formerly known as the Queensland Building Services Authority Act1991. Amendments were made in 2013 to change the relevant body from the Queensland Building Services Authority (“the Authority) to the Commission.

    [1] Rule 292 states: “(1) A plaintiff may, at any time after a defendant files a notice of intention to defend, apply to the court under this part for judgment against the defendant.

    (2) If the court is satisfied that –

    (a) the defendant has no real prospect of successfully defending all or a part of the plaintiff’s claim; and

    (b) there is no need for a trial of the claim or the part of the claim;

    the court may give judgment for the plaintiff against the defendant for all or the part of the plaintiff’s claim and may make any other order the court considers appropriate.”

  1. The defendant has defended the Claim and, unsurprisingly, has opposed the application for summary judgment. At the hearing of the application, Counsel for each party provided the court with comprehensive written and oral submissions.

  1. I set out below a chronology of events relevant to this matter:

Date Event Source of evidence or information located
12 February 2007 Contract between Noonbrace Pty Ltd (“Noonbrace”) and homeowners (the Pescotts) to construct a home at Bribie Island Affidavits of Matthew Stratford filed 10 July 2014 (ex MJS2) and Burr sworn 28 July 2014 and filed 1 August 2014 (para 3)
December
2007
Noonbrace performed repair work Affidavit of Burr (para 6(c))
9 January 2008 Commencement of proceedings in Queensland Commercial and Consumer Tribunal (QCCT) by Noonbrace Affidavit of Burr (para 6(c))
18 January 2008 Homeowners filed a Defence and Counterclaim in QCCT proceeding Affidavit of Burr (para 6(c))
13 February 2009 Homeowners filed a Further Defence and Counterclaim in QCCT proceeding Affidavit of Burr…
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Details
Case
[2014] QMC 25
Decision Date

CaseChat Overview and Summary

The matter before the court involved a claim by the Queensland Building and Construction Commission against Burr, a building contractor. The Commission sought to recover the amount it had paid under the Statutory Insurance Scheme, which is a compulsory insurance scheme for building and construction contractors in Queensland. The Commission argued that the payment made to Burr was not valid under the statutory provisions and sought its recovery.

The primary legal issue before the court was whether the Commission's payment to Burr was valid and if the Commission was entitled to recover the amount paid. The court was required to examine the statutory provisions governing the insurance scheme and determine whether the Commission's payment complied with those provisions. Additionally, the court had to consider the nature of the statutory scheme and the rights and obligations of the parties involved.

The court found that the payment made by the Commission to Burr was not valid under the statutory provisions. The court determined that the Commission had the right to recover the amount paid, as the statutory scheme provided for such recovery in cases where payments were made in error or were not in accordance with the statutory requirements. The court held that the Commission was entitled to recover the amount paid, and it ordered judgment in favour of the Commission in the sum of $47,307.00 plus interest and costs to be determined, following submissions. The court's decision was based on the clear wording of the statutory provisions and the rights and obligations of the parties involved in the statutory scheme.

Orders

Orders of the court

Judgment for the plaintiff in the sum of $47,307.00 plus interest and costs to be determined, following submissions.

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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