Queensland Building Services Authority v Proprietors of 'The View' [see also CA 98.401]

[1998] QCA 428

IN THE COURT OF APPEAL	[1998] QCA 428
SUPREME COURT OF QUEENSLAND

Appeal No. 825 of 1998

Brisbane

[QBSA v The Proprietors of "The View"]

BETWEEN:

QUEENSLAND BUILDING SERVICES AUTHORITY

(Respondent) Appellant

AND:

THE PROPRIETORS OF "THE VIEW"

(Appellants)	Respondents
Pincus J.A. Thomas J.A. Chesterman J.

Judgment delivered 1 December 1998

Further order delivered 18 December 1998.

Further order of the Court.

APPLICATION FOR INDEMNITY CERTIFICATE GRANTED.

CATCHWORDS:	APPEALS - indemnity certificate - S.15(1) Appeal Costs Fund Act 1973.
Counsel:	Mr H B Fraser Q.C. for the appellant Mr P D McMurdo Q.C. with him Mr M J Drysdale for the respondents
Solicitors:	Barker Gosling for the appellant Thomson Redhead Boyd for the respondents
Hearing Date:	17 November 1998

IN THE COURT OF APPEAL

SUPREME COURT OF QUEENSLAND

Appeal No. 825 of 1998

Brisbane

Before Pincus J.A.
Thomas J.A.
Chesterman J.

[QBSA v. The Proprietors of "The View"]

BETWEEN:

QUEENSLAND BUILDING SERVICES AUTHORITY

(Respondent) Appellant

AND:

THE PROPRIETORS OF "THE VIEW"

(Appellant) Respondent

REASONS FOR FURTHER ORDER - THE COURT

Judgment delivered 1 December 1998
Further order delivered 18 December 1998

1. In this case the unsuccessful respondent failed a novel point of statutory construction concerning

   the cover granted by a statutory insurance policy. The litigation was essentially the result of unclear

   statutory drafting. Some public benefit may be perceived in the clarification that this decision has

   brought to the ambit of the "residential construction work" that is covered by the insurance policy issued

   by the Queensland Building Services Authority, which would seem to be a matter affecting a wide

   cross-section of the community. Furthermore, the unsuccessful respondent has been placed in a position of disadvantage in formulating and maintaining its claims until the necessary clarification has been

   obtained.

2. In all the circumstances it is appropriate that the respondent be granted a certificate.