Sedl v Queensland Building Services Authority

CITATION: Sedl v Queensland Building Services Authority [2012] QCAT 2

PARTIES:	Mr Patrick Sedl
v
Queensland Building Services Authority

APPLICATION NUMBER:   GAR102-10  

MATTER TYPE: General administrative review matters

HEARING DATE:     14, 17, 24 June 2011; 8 July 2011

HEARD AT:  Brisbane

DECISION OF: Mr Paul Favell, Member

DELIVERED ON: 5 January 2012

DELIVERED AT:      Brisbane

ORDERS MADE:

1.    The date of practical completion is 4 October 2003.

2.    The QBSA is released from liability in relation to the insured works. 

3.    The decision of the Queensland Building Services Authority of 12 March 2010 to reject the claims made by the applicant under the BSA Statutory Insurance Scheme is confirmed.

CATCHWORDS:

Domestic building contract – Complaints made – Practical completion – Deed of compromise – Effect – Further complaints – Some rectification – Further complaints – Refusal of complaints and indemnity by Queensland Building Services Authority – Review of determination of refusal – QBSA Insurance Policy edition 5 clauses 2.4, 2.5, 4.7 and 9.1

Queensland Building Services Authority Act 1991, ss 10, 11, 72
Standard Building Regulation 1993, ss 8, 88, 92, 95

Lange v Queensland Building Services Authority [2011] QCA 58
Velvet Glove Holdings Pty Ltd v Mount Isa Mines Limited [2011] QSC 95

Morgan v SS Constructions Pty Ltd [1967] VR 149

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Mr Patrick Sedl represented by Mr C Watters of Counsel (acting Pro Bono)
RESPONDENT:	Queensland Building Services Authority represented by Mr B N S Turnbull of HWL Ebsworth

REASONS FOR DECISION

1. Mr and Mrs Sedl wanted a holiday home at Caloundra.  They contracted with Amaroo Homes (Mr Bartlett) to build a two storey duplex on land at 32 The Esplanade Golden Beach Caloundra (exhibit 2).  Central to some of the issues here is the date of practical completion.

2. The building was to consist of two, three bedroom apartments on levels one and two, to be serviced by a lift and two double garages, rumpus room, showers and small kitchenette on the ground floor.  The contracted price was $593,000.00 and two separate QBSA statutory insurance policies were taken out (one for each residence or apartment).  The relevant certificates were issued on 31 January 2002 with a nominated start date for cover as 30 January 2002.

3. The construction of the duplex took longer than the contract allowed and the Sedls were eager to get possession of the duplex.

4. In September 2002 the Sedls inspected the site and found 22 defects.  They wrote to the builder concerning those defects on 21 September and 30 September 2002.

5. A Certificate of Classification dated 4 October 2002 was signed by a building certifier Peter Burchard (exhibit 10).  It is not clear when that certificate was issued.

6. The Sedls contend that the Certificate of Classification was erroneously issued because fire, safety and related components were not installed and complete.  The relevant fire safety certificate had not been issued at the date of the issue of the Certificate of Classification.  The Sedls submit that the non issue…