Tyler v Queensland Building Services Authority (No 1)

Case

[2010] QCAT 587

24 November 2010


CITATION: Tyler v Queensland Building Services Authority (No 1) [2010] QCAT 587
PARTIES: Mr Stuart Tyler
v
Queensland Building Services Authority
APPLICATION NUMBER:   GAR168-10  
MATTER TYPE: General Administrative Review
HEARING DATE:     Decision on the papers
HEARD AT:  Brisbane
DECISION OF: Peta Stilgoe
DELIVERED ON: 24 November 2010
DELIVERED AT:      Brisbane

ORDERS MADE:

The proceeding is dismissed
CATCHWORDS :  BUILDING – where application for review of decision about defective work

APPEARANCES and REPRESENTATION (if any):

This matter was heard on the papers in accordance with section 32 of the

Queensland Civil and Administrative Tribunal Act 2009

REASONS FOR DECISION

  1. Mr Tyler has applied for a review of the Authority’s decision that work pursuant to a direction to rectify had not been undertaken properly. The Authority issued a fresh direction to rectify in relation to seven items of defective work.

  2. In related proceedings GAR151-10, I determined that of the seven items listed in the new direction to rectify, six  required Mr Tyler’s attention. It stands to reason, therefore, that Mr Tyler’s application in thee proceedings must fail.

  3. I have already noted Mr Tyler’s complaint that he was not invited to be present at the Authority’s inspection. Although it is regrettably that he was not in attendance, it does not affect the validity of the Authority’s decision.

  4. Mr Tyler’s application should be dismissed.

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