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

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

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

CaseChat Overview and Summary

The case of Queensland Building Services Authority v Proprietors of 'The View' was brought before the court to resolve a dispute concerning the issuance of an indemnity certificate. The court was tasked with determining whether the authority's refusal to issue the certificate was lawful, given the statutory provisions and the circumstances of the case. The Proprietors of 'The View' appealed the decision, arguing that the refusal was unjust and not in line with the relevant legislation.

The central legal issues before the court involved the interpretation and application of specific provisions within the Building Act, particularly those relating to indemnity certificates. The court had to consider whether the authority's decision to withhold the certificate was reasonable and whether the Proprietors had provided sufficient grounds for the certificate to be issued. Additionally, the court needed to address the implications of section 15(1) of the Appeal Costs Fund Act 1973 in relation to the Proprietors' right to appeal and the potential costs associated with such an appeal.

In its reasoning, the court carefully examined the statutory framework governing the issuance of indemnity certificates and the criteria that must be met. The court found that the authority's refusal to issue the certificate was not arbitrary but rather based on a legitimate assessment of the Proprietors' compliance with the relevant requirements. The Proprietors' arguments regarding the authority's failure to adequately justify the refusal were not supported by the evidence. Consequently, the court upheld the authority's decision and dismissed the Proprietors' appeal. The Proprietors were also ordered to pay costs for the appeal as per the provisions of section 15(1) of the Appeal Costs Fund Act 1973.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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

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

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