Sanders v Queensland Building and Construction Commission

The case of Sanders v Queensland Building and Construction Commission involved a dispute between the applicant, Sanders, and the Commission. Sanders sought to challenge a decision regarding the scope of works under the statutory insurance scheme, which he believed was flawed. The Commission argued that the application was out of time and therefore not reviewable under section 86(2)(c) of the QBCC Act, which excludes from review decisions that are not challenged within 28 days. Additionally, section 33(3) of the Queensland Civil and Administrative Tribunal Act 2009 also imposes a 28-day time limit for any application for review.

The central legal issue before the court was whether section 86(2)(c) of the QBCC Act applies exclusively to building contractors or if it also encompasses house owners who seek to review decisions regarding the scope of works. The court considered the precedent set in Orenshaw v Queensland Building Services Authority, where a similar application by a house owner was dismissed on the basis of section 86(2)(c). The court acknowledged that the assumption was made without argument as to whether the provision applies to house owners, leading to uncertainty in the interpretation of the section.

The court ruled that section 86(2)(c) does not explicitly limit its application to building contractors and could potentially apply to house owners as well. The court decided that the application for review was not precluded solely on the basis of section 86(2)(c) because the matter of whether it applies to house owners remains unresolved. Consequently, the court denied the Commission's application to strike out Sanders' review application, allowing the matter to proceed to determine if an extension of the 28-day time limit should be granted.