In debt recovery proceedings under s 71(1) of the Queensland Building and Construction Commission Act 1991, a building contractor cannot defend on the basis that the costs of rectification were unreasonable. The defence that payments were 'so unreasonable so as to make the monies paid out not a payment on a claim under the insurance scheme' is not available. A contractor's remedy is to seek review of anterior decisions (scope of works, tender acceptance) before payment is made, either through internal review under the Act or judicial review under the Judicial Review Act 1991.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.