Queensland Building and Construction Commission v Group Kildey Pty Ltd; Queensland Building and Construction Commission v JM Kelly (Project Builders) Pty Ltd

The Queensland Building and Construction Commission appealed against a decision of an adjudicator in relation to disciplinary action against two building contractors. The Commission had issued a direction to rectify work that had been completed by the contractors, which the contractors were required to comply with under their building contracts. The contractors had installed a prefabricated walling system in accordance with the contract, however, the system was insufficient to prevent the ingress of water. The Commission found the contractors to be in breach of their duty of care under the Building Act and issued a direction to rectify. The adjudicator found that there was no "defective building work" as the contractors had installed the walling system in accordance with the contract and found that a direction to rectify would be unfair. The Commission sought leave to appeal the adjudicator’s decision.

The appeal was centred on whether the adjudicator’s decision was affected by any factual, legal, mixed or discretionary error. The court had to determine whether the adjudicator’s findings were open to challenge, and whether there was any error in the exercise of discretion by the adjudicator. The court also had to consider whether the adjudicator’s decision was unreasonable or failed to take into account relevant considerations.

The appeal tribunal found that the adjudicator’s decision was not affected by any error. The tribunal found that the adjudicator had considered all relevant evidence and had exercised his discretion in accordance with the law. The tribunal also found that the adjudicator’s decision was not unreasonable and did not fail to take into account any relevant considerations. The tribunal concluded that the adjudicator’s decision was open to him and that there was no error in law or fact.

The appeal tribunal refused leave to appeal and dismissed the appeal. The tribunal found that the adjudicator’s decision was correct and that there was no basis for the Commission to appeal. The tribunal ordered that the appeal be dismissed and that leave to appeal be refused.