Queensland Building and Construction Commission v Bush

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Queensland Building and Construction Commission v Bush [2015] QMC 11

PARTIES:

QUEENSLAND BUILDING AND CONSTRUCTUION COMMISSION
(Plaintiff/Applicant)

v

GREGORY ALAN BUSH
(Defendant/Respondent)

FILE NO/S:

Mag-4508/2013

DIVISION:

Magistrates Court (Civil)

PROCEEDING:

Application for summary judgment

ORIGINATING COURT:

Magistrates Court, Brisbane

DELIVERED ON:

20 March 2015

DELIVERED AT:

Brisbane

HEARING DATE:

16 March 2015

MAGISTRATE:

JR Clarke

ORDER:

APPLICATION GRANTED

CATCHWORDS:

SUMMARY JUDGMENT – DEFECTIVE BUILDING WORK - STATUTORY INSURANCE SCHEME

Uniform Civil Procedure Rules 1999, r 292 (UCPR)
Queensland Building and Construction Commission Act 1991, s 71

Mahony v Queensland Building Services Authority [2013] QCA 323

McNab Constructions Australia P/L v Queensland Building Services Authority [2013] QSC 057

Namour v Queensland Building Services Authority [2014] QCA 72

Queensland Building and Construction Commission v Lifetime Securities (Australia) Pty Ltd & Anor [2014] QCA 161

Queensland Building and Construction Commission v Watkins [2014] QCA 172

Queensland Building and Construction Commission v Ward & Anor [2014] QSC 138

Queensland Building Services Authority v Samimi & Anor [2014] QDC 198

Minister for Immigration & Multicultural Affairs v Bhardwaj [2002] HCA 11; 209 CLR 597; 187 ALR 117; 76 ALJR 598

Lange v Queensland Building Services Authority [2011] QCA 58 [2012] 2 QdR 457

Barry & Anor v Queensland Building and Construction Commission [2015] QSC 50

Coldham-Fussell & Ors v Commissioner of Taxation [2011] QCA 45

LCR Mining Group Pty Ltd v Ocean Tyres Pty Ltd [2011] QCA 105

COUNSEL:

Mr NM Cooke
Mr C Garlick, direct brief for the Defendant/Respondent

SOLICITORS:

Rostron Carlyle for the Plaintiff/Applicant

1. The plaintiff applies under rule 292 for summary judgment in a claim and statement of claim commenced in this Court on 11 March 2013. A previous application for default judgment was granted but set aside upon the defendant entering an appearance and filing a defence and notice of intention to defend on 5 March 2015. In the circumstances, rule 292(2) UCPR relevantly provides that if the court is satisfied that the defendant has no real prospect of successfully defending all or part of the plaintiff’s claim and 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. What is gleaned from the pleadings and the submissions before me is that:

1.          The defendant entered into a contract to conduct domestic building work at a Gold Coast address owned by Mr Jordan, (hereinafter relevantly referred to as the claimant); 

2. The claimant made a claim under the Queensland Building Services Authority Act, (as it then was) in respect of that work, which was not successful;

3.          A further claim was made against the plaintiff by the claimant under the Act, which was successful;

4.          The primary contention advanced on behalf of the respondent defendant in these proceedings is that the claimant was “not permitted to make…