The Queensland Court of Appeal has thrown out a case that challenged the state home warranty insurance scheme’s exclusion on multistorey buildings.

Michele D’Arcy sought to claim under the scheme after the builder she hired to renovate her kitchen and bathroom walked off the job following a dispute.

She owns an apartment on the 10th floor of a building in Surfers Paradise, and when she hired the builder, it collected from her and paid to the Queensland Building and Construction Commission the insurance premium under the home warranty scheme.

When Ms D’Arcy sought to claim the cost of completing the work, the commission rejected her on the basis the work was “on or for” a multiple dwelling of more than three storeys, so was excluded from the scheme.

She sought a review from the state’s Civil and Administrative Tribunal, which agreed with the commission.

Ms D’Arcy then applied to the Court of Appeal, which has rejected her, saying she has no prospect of success.

The court notes the scheme legislation excludes work on a duplex or multiple dwelling if it is more than three storeys and gives as examples tiling the kitchen or renovating the bathroom of a single unit in such a building.

The three judges reject the argument that the legislation applies to work on the building itself, such as on the walls, and does not apply to a single unit.

They also reject an argument that the legislation applying to multistorey buildings is invalid, saying: “The three-storey threshold reflects a policy choice committed to by parliament. It is not for the courts to substitute a different policy choice.”

Read the judgment here.