Berthelsen v Queensland Building and Construction Commission

The case of Berthelsen v Queensland Building and Construction Commission involved an appeal against a decision by the Queensland Building and Construction Commission (QBCC) to cancel a building licence. The applicant, Kailen Berthelsen, sought to appeal the QBCC’s decision, which was upheld by the tribunal, and applied for a stay of the decision pending the outcome of the appeal. The dispute came before the Queensland Court of Appeal.

The central legal issue in the appeal was whether the court should grant a stay of the tribunal's decision pending the outcome of the appeal. The applicant argued that the cancellation of his building licence would cause significant financial and reputational harm if the stay was not granted. The QBCC, on the other hand, contended that the applicant's licence should be cancelled as he had failed to comply with the conditions of his licence, specifically by not appointing a new managing financial representative (MFR) and nominee.

The Court of Appeal considered the inherent jurisdiction of the court to stay proceedings and the principles of justice in deciding whether to grant a stay. The Court noted that the applicant had not complied with the QBCC's conditions, but also recognised the significant impact that the cancellation of his licence would have on his business and livelihood. The Court concluded that it was appropriate to grant a stay, subject to certain conditions being met by the applicant. These conditions included the appointment of a new MFR and nominee, as well as limiting the types of work the applicant could carry out.

The Court of Appeal granted leave for the parties to be legally represented and ordered that the tribunal's decision in relation to IDC Developments Pty Ltd be stayed, subject to the applicant meeting certain conditions. The stay was to remain in effect until further order of the Appeal Tribunal. The Court also set out specific deadlines for the applicant to meet, including lodging a new MFR and nominee consent form, and limited the work the applicant could carry out during the stay.