Queensland Building and Construction Commission v Watkins

The Queensland Building and Construction Commission (QBCC) sought summary judgment against the respondent, Watkins, in relation to a sum of money that was alleged to be payable under the Queensland Building Services Authority Act 1991 (Qld). The sum related to an insurance claim made against Watkins. Watkins applied to the Queensland Civil and Administrative Tribunal (QCAT) to challenge the QBCC’s approval of the insurance claim. This application was brought outside of the statutory time limit. The primary issue for the court was whether QCAT had the power to extend the time in which to make such an application, and whether summary judgment should have been granted.

The court held that QCAT did not have the power to extend the time in which to make an application under the statutory scheme. The court also held that summary judgment should have been granted to the QBCC. The court found that the application to QCAT was brought outside of the statutory time limit and that there were no grounds to justify the delay. The court further found that the QBCC had established a prima facie case for the amount claimed.

The appeal was allowed. The orders below were set aside and instead judgment was given for the QBCC against Watkins for its claim of $153,917.95 together with interest pursuant to Uniform Civil Procedure Rules 1999 (Qld) r 292. Watkins was ordered to pay the costs of and incidental to the proceedings below and one half of the costs of the appeal.