Seirlis & Ors v Queensland Building and Construction Commission

[2020] QCA 283

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Queensland Civil and Administrative Tribunal
4. › Appeal on question of law only
5. › Whether error of law shown
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 142, 150
1. Insurance
2. › Statutory insurance
3. › Queensland building and construction insurance scheme
4. › Time limits for claims
5. › Category 1 and category 2 defects
6. › Practical completion
7. › Discretion to extend time
8. › Whether failure to consider category 1 defects affected outcome
1. Insurance
2. › Statutory insurance
3. › Queensland building and construction insurance scheme
4. › Discretion to refuse payment
5. › Rectification work without prior approval
6. › Whether discretion properly exercised
7. › Policy cl 5.1
1. Trusts
2. › Trust property
3. › Whether statutory insurance claim constitutes trust property
4. › Whether non-assignability precludes trust property status
5. › Vesting in successor trustee
6. › Whether assignment required on change of trustee
7. › Trusts Act 1973 (Qld), s 15(1)

Quick Take

A claim under the Queensland statutory building insurance policy made by a registered owner who holds land on trust is arguably trust property that vests in a successor trustee under s 15(1) of the Trusts Act 1973 (Qld) without requiring assignment, notwithstanding that the claim may not be assignable. Non-assignability is not necessarily an essential characteristic of property. However, these propositions were stated in obiter and did not form part of the ratio. On the procedural question, a matter excluded by an adverse ruling during a tribunal hearing cannot be revived by a single sentence in written submissions without an application to reconsider the ruling.