Civil procedure – summary judgment – insured
granted order for summary judgment in action for recovery of
payment made to home owners under statutory building and
construction insurance scheme – insured appeals on basis that
payment not made in accordance with Act – appeal allowed
– whether insurer complied with Act in making payments to
home owners is a justiciable issue for trial
In Samimi & Anor v Queensland Building and Construction
Commission,14 the Queensland Court of Appeal
allowed an appeal brought by a builder granting relief from an
order for summary judgment in the District Court of Queensland.
This decision is a rare example of a builder successfully defending
recovery proceedings initiated by the Queensland Building and
Construction Commission (QBCC) for payments made
under the statutory insurance scheme established by the
Queensland Building and Construction Commission Act (1991)
(Qld) (Act).
