Stanton v Queensland Building and Construction Commission - [2018] QCAT 271

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Stanton v Queensland Building and Construction Commission [2018] QCAT 271

PARTIES:

NOEL EDWARD STANTON
(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR121-17

MATTER TYPE:

Building matters

DELIVERED ON:

14 August 2018

HEARING DATE:

16 May 2018

HEARD AT:

Mackay

DECISION OF:

Member Milburn

ORDERS:

1. The tribunal sets aside the decision of the Queensland Building and Construction Commission made on 10 April 2017 that Sean Keith Cook (owner) validly terminated a residential building contract between the applicant and the owner dated 12 May 2015 for the construction of a dwelling at 1 Jonathan Court Alligator Creek.

2. The tribunal substitutes its own decision and wholly disallows a claim by Sean Keith Cook (owner) for non-completion under the statutory scheme regarding a residential building contract between the applicant and the owner dated 12 May 2015 for the construction of a dwelling at 1 Jonathan Court Alligator Creek.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – General Administrative Review – application by building contractor to review a decision by the Queensland Building and Construction Commission (QBCC) to allow a claim by building owner – whether the building owner validly terminated a building contract – where the building contractor also purported to terminate the contract – the rights of the building contractor and the building owner under contract and at law – where the tribunal reviews the decision of the QBCC about valid termination of the contract by the building owner and allowing a claim under the statutory scheme in favour of the building owner

Queensland Building and Construction Commission Act 1991 (Qld), s 3, s 86, s 87
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 6, s 17, s 20, s 24, s 102

Koompahtoo Local Aboriginal Land Council & Anor v Sanpine Pty Ltd & Anor (2007) 233 CLR 115
Goldfield Projects Pty Ltd v Queensland Building and Construction Commission [2016] QCAT 362
Kuhn v QBSA and Trackson [2004] QCCTB 159
J & K Homes Pty Ltd v Queensland Building and Construction Commission [2017] QCAT 269
Cowen & Anor v Queensland Building and Construction Commission & Anor [2017] QCAT 416
Shevill v Builders Licensing Board (1982) 149 CLR 620
MacDonald v Queensland Building and Construction Commission [2014] QCAT 158
Holland v Wiltshire (1954) 90 CLR 409
Fontain v Queensland Building Services Authority [2004] QCCTB 163

APPEARANCES & REPRESENTATION:

Applicant:

Mr Scott McLennan of counsel instructed by Kelly Legal

Respondent:

Mr Chad Hill (solicitor), in-house lawyer, Queensland Building and Construction Commission

REASONS FOR DECISION

Background

Noel Stanton is a builder, trading as NES Constructions. On or about 12 May 2015, he contracted (the contract) with Shaun Cook, to build a house (the house) for Mr Cook on land owned by Mr Cook at Alligator Creek (the property).
The contract required Mr Stanton to construct a low set dwelling, carport, patio and porch on the property (the works).
Nearing completion of the works, Mr Stanton and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2018] QCAT 271
Decision Date: 14 August 2018

CaseChat Overview and Summary

Stanton, a building contractor, challenged a decision by the Queensland Building and Construction Commission (QBCC) in the Queensland Civil and Administrative Tribunal (QCAT). The dispute concerned the validity of a termination of a building contract by the building owner, Sean Keith Cook, and the subsequent allowance of a claim by the owner under a statutory scheme. The central issue for the court was to determine whether the building owner had validly terminated the contract and, if so, whether the QBCC correctly allowed the owner's claim.

The court needed to ascertain the rights of both parties under the contract and the law. This involved examining whether the owner's termination was valid and if it was effective under the circumstances. Additionally, the court had to review the statutory framework to determine if the QBCC's decision aligned with the statutory provisions. The tribunal had to consider whether the QBCC properly exercised its discretion and whether its decision was reasonable.

In reaching its decision, the tribunal found that the building owner's termination of the contract was not valid. The tribunal concluded that the statutory provisions did not support the QBCC's decision to allow the owner's claim. Consequently, the tribunal set aside the QBCC's decision and substituted its own decision, disallowing the owner's claim for non-completion. This outcome ensured that the tribunal's decision was based on a correct application of the law and the relevant statutory provisions.

Orders

Orders of the court

1. The tribunal sets aside the decision of the Queensland Building and Construction Commission made on 10 April 2017 that Sean Keith Cook (owner) validly terminated a residential building contract between the applicant and the owner dated 12 May 2015 for the construction of a dwelling at 1 Jonathan Court Alligator Creek.

2. The tribunal substitutes its own decision and wholly disallows a claim by Sean Keith Cook (owner) for non-completion under the statutory scheme regarding a residential building contract between the applicant and the owner dated 12 May 2015 for the construction of a dwelling at 1 Jonathan Court Alligator Creek.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Stanton v Queensland Building and Construction Commission [2018] QCAT 271
PARTIES:	NOEL EDWARD STANTON (applicant)
v
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION (respondent)
APPLICATION NO/S:	GAR121-17
MATTER TYPE:	Building matters
DELIVERED ON:	14 August 2018
HEARING DATE:	16 May 2018
HEARD AT:	Mackay
DECISION OF:	Member Milburn
ORDERS:	1. The tribunal sets aside the decision of the Queensland Building and Construction Commission made on 10 April 2017 that Sean Keith Cook (owner) validly terminated a residential building contract between the applicant and the owner dated 12 May 2015 for the construction of a dwelling at 1 Jonathan Court Alligator Creek. 2. The tribunal substitutes its own decision and wholly disallows a claim by Sean Keith Cook (owner) for non-completion under the statutory scheme regarding a residential building contract between the applicant and the owner dated 12 May 2015 for the construction of a dwelling at 1 Jonathan Court Alligator Creek.
CATCHWORDS:	ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – General Administrative Review – application by building contractor to review a decision by the Queensland Building and Construction Commission (QBCC) to allow a claim by building owner – whether the building owner validly terminated a building contract – where the building contractor also purported to terminate the contract – the rights of the building contractor and the building owner under contract and at law – where the tribunal reviews the decision of the QBCC about valid termination of the contract by the building owner and allowing a claim under the statutory scheme in favour of the building owner Queensland Building and Construction Commission Act 1991 (Qld), s 3, s 86, s 87 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 6, s 17, s 20, s 24, s 102 Koompahtoo Local Aboriginal Land Council & Anor v Sanpine Pty Ltd & Anor (2007) 233 CLR 115 Goldfield Projects Pty Ltd v Queensland Building and Construction Commission [2016] QCAT 362 Kuhn v QBSA and Trackson [2004] QCCTB 159 J & K Homes Pty Ltd v Queensland Building and Construction Commission [2017] QCAT 269 Cowen & Anor v Queensland Building and Construction Commission & Anor [2017] QCAT 416 Shevill v Builders Licensing Board (1982) 149 CLR 620 MacDonald v Queensland Building and Construction Commission [2014] QCAT 158 Holland v Wiltshire (1954) 90 CLR 409 Fontain v Queensland Building Services Authority [2004] QCCTB 163
APPEARANCES & REPRESENTATION:
Applicant:	Mr Scott McLennan of counsel instructed by Kelly Legal
Respondent:	Mr Chad Hill (solicitor), in-house lawyer, Queensland Building and Construction Commission