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austlii:qld/QBT/1996/114
respondent. Reconsideration application refused; orders made on 23 May 1996 not varied
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The Queensland Building Tribunal refused a builder's request to reconsider orders that included supervision of work. The Tribunal found that reconsideration was only available for clerical mistakes or significant factual errors, which were not present. The Tribunal also confirmed it had power under the Queensland Building Services Authority Act to order supervision as part of its broad authority to make just orders to resolve disputes.
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On the 5th of June 1996 the Respondent wrote to the Queensland Building Tribunal seeking a reconsideration of the orders made on 23 May 1996. There is also a suggestion that there will be an appeal from the decision presumably to the District Court.
The letter does not disclose any "clerical mistake or factual error in the findings of the Tribunal that is of sufficient significance to have influenced the outcome of the proceeding". See s.92(4) of the Queensland Building Services Authority Act.
It is suggested that there is no jurisdiction to order the work be supervised. This does not fall within s.92, however if a source of the power to make such an order need be identified then s.95 provides that the Tribunal:
"may ... make such orders and directions as may be just to resolve the dispute and any other matters at issue between the parties".
In the circumstances I do not propose to vary the orders made.
.........................................................
CAC: E:\DECISION\1995-DEC\DOMESTIC\C795-95R.DOC
On the 5th of June 1996 the Respondent wrote to the Queensland Building Tribunal seeking a reconsideration of the orders made on 23 May 1996. There is also a suggestion that there will be an appeal from the decision presumably to the District Court.
The letter does not disclose any "clerical mistake or factual error in the findings of the Tribunal that is of sufficient significance to have influenced the outcome of the proceeding". See s.92(4) of the Queensland Building Services Authority Act.
It is suggested that there is no jurisdiction to order the work be supervised. This does not fall within s.92, however if a source of the power to make such an order need be identified then s.95 provides that the Tribunal:
"may ... make such orders and directions as may be just to resolve the dispute and any other matters at issue between the parties".
In the circumstances I do not propose to vary the orders made.
.........................................................
CAC: E:\DECISION\1995-DEC\DOMESTIC\C795-95R.DOC
On the 5th of June 1996 the Respondent wrote to the Queensland Building Tribunal seeking a reconsideration of the orders made on 23 May 1996. There is also a suggestion that there will be an appeal from the decision presumably to the District Court.
The letter does not disclose any "clerical mistake or factual error in the findings of the Tribunal that is of sufficient significance to have influenced the outcome of the proceeding". See s.92(4) of the Queensland Building Services Authority Act.
It is suggested that there is no jurisdiction to order the work be supervised. This does not fall within s.92, however if a source of the power to make such an order need be identified then s.95 provides that the Tribunal:
"may ... make such orders and directions as may be just to resolve the dispute and any other matters at issue between the parties".
In the circumstances I do not propose to vary the orders made.
.........................................................
CAC: E:\DECISION\1995-DEC\DOMESTIC\C795-95R.DOC
Paxton Stephen & Vikki
Crowe John C795-95 [1996] QBT 114
Reconsideration application refused; orders made on 23 May 1996 not varied