Court of Appeal

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Namour v Queensland Building Services Authority [2014] QCA 072; [2015]2 QdR 1 (13/8710) Margaret McMurdo P and Fraser JA and Douglas J 11/04/2014

Full-text: QCA14-072.pdf

Catchwords

PROFESSIONS AND TRADES – BUILDERS – STATUTORY INSURANCE SCHEME – where the appellant was a director of a building company that had its licence cancelled and was unable to complete several building contracts – where the property owners of those contracts made claims against the respondent under the insurance scheme – where the respondent then brought proceedings against the appellant to recover those amounts as a debt pursuant to ss 71(1) and 111C of the Queensland Building Services Authority Act 1991 (Qld) – where summary judgment for that debt was entered – whether the appellant director needed to be at ‘fault’ to be liable for those debts – whether, if the appellant’s licence was wrongfully cancelled, the property owners’ claims were not made validly under the insurance scheme and therefore the respondent’s payments were not “payment[s] on a claim” under s 71(1) – whether the correctness of the licence cancellation is justiciable in recovery proceedings brought against a director

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PRACTICE UNDER RULE OF COURT – SUMMARY JUDGMENT – where the appellant argues the primary judge erred in summarily determining the quantum of debt to be paid – whether the Act requires the amount of the payments made under the insurance scheme be reasonable in order for those amounts to be recoverable against the appellant – whether summary judgment should have been refused because the quantum of the debt was not proved to the necessary degree of assurance – whether r 292 of the Uniform Civil Procedure Rules 1999 was correctly applied

Uniform Civil Procedure Rules considered

Rule 292 — Summary judgment for plaintiff