Queensland Building Services Authority v Macdonald

The Queensland Building Services Authority sought to have a decision of the Building Services Tribunal struck out. The Tribunal had previously issued a direction to the respondent to rectify defects in a building. The respondent, Macdonald, sought to review the decision but did so outside the time limit. The Tribunal refused to review the decision on the grounds that the original direction was not valid. Macdonald sought to appeal this decision, arguing that the Tribunal's refusal was not a proper exercise of its discretion. Additionally, Macdonald argued that the builder was estopped from claiming the contract had not been terminated given that the previous proceedings had been settled.

The court considered whether the Tribunal had exercised its discretion properly in refusing to review the decision. The court also considered whether the builder was estopped from arguing that the contract had not been terminated. The court found that the Tribunal had exercised its discretion properly and that the builder was estopped from making such an argument. The court noted that the Tribunal had the power to refuse to review a decision and that it had exercised this power in a reasonable manner. The court also found that the builder was estopped from arguing that the contract had not been terminated given that the previous proceedings had been settled.

The appeal was partially upheld. The court found that the Tribunal's refusal to review the decision was a proper exercise of its discretion and that the builder was estopped from arguing that the contract had not been terminated. However, the court found that the application to review the decision was out of time and therefore could not be considered. The appeal was upheld as to the application to strike out the review application and the application was struck out. The appeal was dismissed as to the application to review the original direction.

The court ordered that leave to appeal be granted, that the appeal be upheld as to the application to strike out the review application, that the review application be struck out, and that the appeal be dismissed as to the application to review the original direction.