SHAME ON YOU QBCC & YOUR LICENSEE!!
https://archive.sclqld.org.au/qjudgment/2021/QCA21-155.pdf
This just goes to show the extent the QBCC will go to NOT pay out a HWI claim. Even though they know their licensee’s commit a criminal act; FRAUD.
This also proves my point that contractor’s should NOT be allowed to provide photo’s to engineers for approval of foundations; & yes the QBCC know this & accept it as a practice. ALL INSPECTIONS should be done by on site visual inspections only!
The above judgment is a ridiculous outcome and demonstration that we have a legal system not a justice system. This a real case and only the innocent homeowners were hurt in the process involved in this devastating decision.
These homeowners were just building a home, when the builder lies to them about progress on their build (they don’t live locally) and sends them pics of another property as proof that stages were completed, invoices issued and dutifully paid by the homeowners as per the contract.
When the homeowners discover the rort & fraudulent conduct by the QBCC Licensee, they complain to QBCC and cancel the contract. They then apply to the QBCC to claim on their statutory Home Warranty Insurance.
The QBCC refuse a significant part of their claim saying that because the work wasn’t actually completed, their payments represent a ‘pre-payment’ which voids the Home Warranty Insurance.
The homeowners go to QCAT and initially win, but the QBCC appeal and win. The homeowners apply for leave to appeal to the Supreme Court of Queensland and leave is refused.
So…..to summarise, a builder lies to their clients to solicit payments that are not warranted and the Government regulator (QBCC) refuses to payout on the Home Warranty Insurance based on an ‘oh too tricky’ legal technicality that reinforces their licensee’s (the builder) lies.
Aside from the gutter height level of the legal argument, oh reader please remember that this isn’t a private company that is pushing for the win at all costs, this is a Government regulator who is supposed to follow the principle of the ‘model litigant’ as all government agencies are supposed to. Words can’t capture the overall contempt and disgust for this type of strategy to stop a perfectly reasonable claim on a government administered insurance scheme.
Considering the way the scheme is legislated with the regulator pursuing the responsible builder for reimbursement of successful claims, the regulator may as well have been acting for the builder. Question's need to be asked....
- Did the QBCC report their licensee for fraud to the Queensland Police under their ethical responsibility as the regulator?
- Did the QBCC remove their licence for being 'Not Fit & Proper' to hold a QBCC Licence;
- How much did it cost the taxpayers to fund a morally corrupt decision to fight the homeowner who had been deliberately deceived by their own licensee; and
- How many other claims are denied due to the QBCC constantly not providing due diligence to builder's unsubstantiated claims and information - what is truth & fraud?