Allen & Anor v Queensland Building and Construction Commission [2024] QCA 24

SUPREME COURT OF QUEENSLAND

CITATION: Allen & Anor v Queensland Building and Construction Commission [2024] QCA 24

PARTIES: REECE JUSTIN ALLEN / CHANTELL RENEE MARIA TAYLOR / (applicants) / v / QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION / (respondent)

FILE NO/S: Appeal No 8605 of 2023 / QCATA No 91 of 2020

DIVISION: Court of Appeal

PROCEEDING: Application for Leave to Appeal – Queensland Civil and Administrative Tribunal Act 2009 (Qld)

ORIGINATING COURT: Queensland Civil and Administrative Appeals Tribunal at Brisbane – [2023] QCATA 66 (Judicial Member D J McGill SC)

DELIVERED ON: 1 March 2024

DELIVERED AT: Brisbane

HEARING DATE: 5 February 2024

JUDGES: Mullins P, Bond JA and Williams J

ORDER: The application for leave to appeal is refused, with costs.

CATCHWORDS: ADMINISTRATIVE LAW – STATUTORY APPEALS FROM ADMINISTRATIVE AUTHORITIES TO COURTS – where the applicants terminated a construction contract for the construction of their home – where the applicants advanced an insurance claim against the respondent under the Home Warranty Insurance Scheme established under Part 5 of the Queensland Building and Construction Commission Act 1991 (Qld) – where the respondent rejected the claim on the basis the applicants failed to demonstrate the contract had been properly terminated – where the applicants contended they had properly terminated pursuant to a contractual show cause procedure, or alternatively at common law – where the applicants sought review of the respondent’s decision pursuant to s 20 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) – where the Tribunal and subsequently the Appeal Tribunal confirmed the respondent’s rejection of the claim – where s 150(3)(a) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) provides that an appeal to the Court of Appeal from a final decisions of the Appeal Tribunal may be made “only on a question of law” and only if leave is obtained – where principles guiding the exercise of the discretion to grant leave discussed – where none of the proposed grounds of appeal were appeals only on questions of law / Queensland Building and Construction Commission Act 1991 (Qld), Schedule 1B / Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150 / Chopra v Department of Education and Training (2019) 60 VR 505; [2019] VSCA 298, cited / Commissioner of Police v Antoniolli [2021] QCA 237 considered / Crime and Corruption Commission v Andersen [2021] QCA 222 considered / Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd (No 3) [2012] VSC 99, applied / FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340, distinguished / Hayes v Federal Commissioner of Taxation (1956) 96 CLR 47; [1956] HCA 21, considered / Hometeam Constructions Pty Ltd v McCauley [2005] NSWCA 303, cited / Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR 115; [2007] HCA 61, cited / Pivovarova v Michelsen (2019) 2 QR 508; [2019] QCA 256, applied / Shepherd v Felt & Textiles of Australia Ltd (1931) 45 CLR 359; [1931] HCA 21, cited

COUNSEL: R J Allen, of Project Legal, on behalf of himself and the other applicant / S E Seefeld for the respondent

SOLICITORS: R J Allen, of Project Legal, on behalf of himself and the other applicant / Queensland Building and Construction Commission – Legal for the respondent