Sunup Solar Pty Ltd v Queensland Building and Construction Commission

Sunup Solar Pty Ltd filed an application for review against the Queensland Building and Construction Commission (QBCC) in the Queensland Civil and Administrative Tribunal (QCAT). The dispute arose from a decision by the QBCC to reject Sunup Solar's application for registration as a building practitioner. The company argued that the rejection was unlawful and sought a review of the decision.

The legal issues before the Tribunal were whether the original application for review was properly made, whether the Tribunal had the power under section 35 of the QCAT Act to deem the original application as having been properly made when it named an incorrect party as the respondent, and whether an extension of time to file the application for review could be granted under section 61 of the QCAT Act. The application was originally filed out of time, and the decision was no longer reviewable under the enabling Act.

The Tribunal found that the original application for review was not properly made as it named an incorrect party. However, the Tribunal exercised its discretion under section 35 of the QCAT Act to deem the original application as having been made within time. The Tribunal concluded that an extension of time to file the application for review could not be granted under section 61 of the QCAT Act as the effect of section 86F(1)(b) of the QBCC Act 1991 (Qld) precluded the Tribunal from granting such an extension. Consequently, the application for extension of time was dismissed as unnecessary.