In the case of QBCC v Crocker & another [2024] QDC 140, the Queensland Building and Construction Commission (QBCC) initiated proceedings against Lee Anthony Crocker and Dene Ward Crocker, seeking to recover funds paid out under a statutory insurance scheme. The action was based on incomplete building work by a company where both Lee and Dene Crocker were directors. However, after taking no further action since December 2021, the court dismissed QBCC's claim for want of prosecution under rule 280 of the Uniform Civil Procedure Rules 1999 (UCPR). This decision was influenced by the lack of progress for over two years and QBCC's failure to inform the defendants about a relevant 'test case' that caused the delay. Consequently, the defendants' application to dismiss the proceedings was successful, and the QBCC was ordered to pay the costs associated with the applications and proceedings.
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