DISTRICT COURT OF QUEENSLAND
CITATION:
Queensland Building and Construction Commission v Turcinovic [2016] QDC 66
PARTIES:
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION
(applicant/plaintiff)v
TURCINOVIC
(defendant/respondent)FILE NO/S:
4602/15
DIVISION:
Civil
PROCEEDING:
Application
ORIGINATING COURT:
District Court in Brisbane
DELIVERED ON:
31 March 2016
DELIVERED AT:
Brisbane
HEARING DATE:
25 February 2016
JUDGE:
Kingham DCJ
ORDER:
1. The application for summary judgement is refused
2. Unless either party seeks a different order about costs, by filing and serving brief written submissions within 7 days, QBCC must pay Mr Turcinovic’s costs of the application assessed on the standard basis.
3. If a party does seek a different order, the other party may file and serve brief written submissions in response within 3 business days.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS – PLEADINGS – APPLICATION TO WITHDRAW DEEMED ADMISSIONS – where original defence pleaded non-admissions to nearly all allegations – whether explanation for doing so complies with UCPR r166 – whether deemed admissions – whether the defendant should have leave to withdraw deemed admissions.
PROCEDURE – CIVIL PROCEEDINGS – ENDING PROCEEDINGS EARLY – APPLICATION FOR SUMMARY JUDGMENT – where the plaintiff applied for summary judgment for payments made under a statutory insurance scheme – whether the defendant has no real prospect of successfully defending all or part of the plaintiff’s claim – whether there is no need for a trial.
PROFESSIONS AND TRADES – BUILDERS – STATUTORY INSURANCE SCHEME – where the plaintiff paid claims by owners in respect of incomplete and defective building work carried out by the defendant – where the plaintiff commenced proceedings against the defendant to recover those amounts as a debt pursuant to s 71(1) of the Queensland Building and Construction Services Authority Act 1991 (Qld) – where defendant argues the payments are so unreasonable as not to constitute payments made on a claim under the scheme – whether the reasonableness of the payments is justiciable in proceedings pursuant to s71(1).
Civil Proceedings Act 2011 s58(3)
Queensland Building and Construction Commission Act 1991 s 71(1)
Uniform Civil Procedure Rules 1999 rr 166,188Agar v Hyde (2000) 201 CLR 552, applied
Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd [2006] FCA 1352, followed
Cassatone Nominees Pty Ltd v Queenslandwide House and Building Reports Pty Ltd & Ors [2008] QCA 102, applied
Chen v ANZ Banking Group Ltd [2001] QSC 43, followed
Deputy Commissioner of Taxation v Salcedo (2005) 2 Qd R 232, applied
Mahony v QBSA [2013] QCA 323, applied
Pinehurst Nominees v Coeur de Lion Investments Pty Ltd [2012] QSC 314, followed
Turcinovic v Queensland Building Services Authority
Namour v QBSA [2014] QCA 72, applied
Samimi & Anor v QBCC [2015] QCA 106, appliedCOUNSEL:
Mr N J Morgan for the Plaintiff/Applicant
Mr S Nguyen for the Defendant/Respondent
SOLICITORS:
Rostron Carlyle Lawyers for the Plaintiff/Applicant
Essen Lawyers for the Defendant/Respondent
The QBCC administers the Queensland Home Warranty Scheme, a statutory insurance scheme for residential construction. It made…
Keep reading for free
Create a free CaseChat account to read Queensland Building and Construction Commission v Turcinovic and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] QDC 66
- Decision Date
CaseChat Overview and Summary
The court needed to decide whether Mr Turcinovic's explanation for not admitting to the allegations in his defence complied with the requirements of UCPR r166 and if the deemed admissions could be withdrawn. Additionally, the court had to determine if there was no real prospect of Mr Turcinovic successfully defending the QBCC's claim for the payments made under the statutory insurance scheme, which would justify granting summary judgment.
The court found that Mr Turcinovic's explanation for not admitting to the allegations in his defence did not comply with UCPR r166, and therefore the deemed admissions stood. The court further held that there was a real prospect that Mr Turcinovic could successfully defend the QBCC's claim for the payments made under the statutory insurance scheme, as the reasonableness of the payments was a justiciable matter. Consequently, the application for summary judgment was refused. Unless either party sought a different order about costs, the QBCC was to pay Mr Turcinovic's costs of the application assessed on the standard basis. If a party did seek a different order, the other party could file and serve brief written submissions in response within three business days.
Orders
Orders of the court
1. The application for summary judgement is refused
2. Unless either party seeks a different order about costs, by filing and serving brief written submissions within 7 days, QBCC must pay Mr Turcinovic’s costs of the application assessed on the standard basis.
3. If a party does seek a different order, the other party may file and serve brief written submissions in response within 3 business days.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.