CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – GENERALLY – where the applicant body corporate entered into a contract with the respondent building contractor for the performance of building work in the common areas of the community title scheme – where the building work is alleged to be defective – whether the dispute, as a preliminary issue, is a domestic building dispute or a major commercial building dispute – consideration of the meaning of ‘domestic building work’ – finding that the building work was undertaken in respect of a portion of the building neither designed, nor constructed, to be used as a residence – finding that the work could not be characterised as the renovation, alteration, extension, improvement or repair of a home – finding that the dispute was not a domestic building dispute – consideration of whether the building work falls within the meaning of tribunal work and reviewable commercial work – finding that the building dispute was a major commercial building dispute – where the respondent building contractor did not consent to the tribunal deciding the major commercial building dispute – finding that the tribunal does not have jurisdiction to determine the dispute.
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the tribunal lacks jurisdiction to determine the proceeding – whether the proceeding would be more appropriately dealt with in the District Court to order a transfer of the proceeding – finding that the transfer of proceeding would be of minimal utility, taking into account the need for pleadings, the potential expense of amending the originating application and the cost of commencing a fresh proceeding.
Acts Interpretation Act 1954 (Qld) s 14A(1), s 14D, s 14 B
Body Corporate and Community Management Act 1997 (Qld), s 10(2)(b), s 35(1), s 35(3), s 36(1), s 94(1)(a), s 152(1)(a)
Queensland Building and Construction Commission Act 1991 (Qld), s 75, s 77(1), s 77(2), s 78, s 79 schedule 1B, s 1, s 4(1), s 4(3), s 9(1), s 9(2) schedule 2.
Queensland Building and Construction Commission Regulation 2018 (Qld) s 46
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 47, s 52(2)(a)
Anderton & Anderton v Parks Horticultural Services Pty Ltd [1996] QDC 281 (unreported)
Fraser Property Developments Pty Ltd v Sommerfeld & Ors [2004] QSC 363
Fraser Property Developments Pty Ltd v Sommerfeld (No 1) [2005] 2 Qd R 394
Marshall v Marshall [1999] 1 Qd R 173
Number One Quality Homes Pty Ltd v Murphy & Anor [2020] QCAT 339

The Body Corporate for Redvue CTS 36342 v The Superseal Group (Qld) Pty Ltd [2022] QCAT 212 (16 May 2022)