Goodellis v Queensland Building Services Authority (No 2)

CITATION:Goodellis v Queensland Building Services Authority (No 2) [2010] QCAT 481

PARTIES:

ANTHONY MICHAEL GOODELLIS

            V

QUEENSLAND BUILDING SERVICES AUTHORITY

APPLICATION NUMBER:

QR181-09

MATTER TYPE:

General administrative review matters

HEARING DATE:

8 April 2010

HEARD AT:

Brisbane

DECISION OF:

Mr Paul Favell

DELIVERED ON:

28 September 2010

DELIVERED AT:

Brisbane

ORDERS MADE:

The Tribunal orders that the decision of the Queensland Building Services Authority to refuse the application to be categorised as a Permitted Individual be confirmed

CATCHWORDS:

Application to be categorised as a permitted individual- refusal- review-S56AD(1) Queensland Building Services Authority Act 1991

APPEARANCES AND REPRESENTATION:

Applicant: Mr Goodellis

Respondent: Mr Robinson; Solicitor: Forbes Dowling Lawyers

REASONS FOR DECISION

Introduction

1. On 7 July 2009 a decision was made by the Building Services Authority to refuse an application by the applicant to be categorised as a Permitted Individual pursuant to s56AD(1) of the Queensland Building Services Authority Act 1991 (“the Act”).

Factual Background and Claims

1. Glentone Australia Pty Ltd carried on the business of shop and office fitting.

2. The relevant event occurred on 13 May 2009, it being the liquidation of Glentone Australia Pty Ltd (“GAPL”) as a result of a resolution of its members.  On that date, Christopher Cook and Morgan Lane were appointed as liquidators of Glentone Australia Pty Ltd.

3. At that time and during the preceding year, the applicant was the director of GAPL.

4. A historical company search from ASIC obtained by the respondent (exhibit 2) shows that:

   (a)The current directors, who were appointed on 29 March 2002, are the Applicant and Martin Cole;

   (b)The shareholders are:

·     Anthony & Joanne Goodellis – 1,000 A class shares

·     Martin & Linda Cole – 1,000 B class shares

·     Martin Stewart Cole – 1 ordinary share

·     The Applicant – 1 ordinary class share

1. On 22 May 2009 the Building Services Authority sent the applicant a ‘Notice of Reasons for Proposed Cancellation of Licence’ (exhibit 3 to the application).

2. The applicant applied to be categorised as a permitted individual citing ‘Economic conditions affecting industry’ as the main cause of the relevant event.

3. On 7 July 2009 the Building Services Authority informed the applicant by letter that his application to be categorised as a permitted individual had failed. The BSA said that they were not satisfied that the applicant took all reasonable steps to avoid the circumstances that resulted in the relevant event.

4. A statement of reasons dated 31 August 2009 was provided (exhibit 4).

5. The applicant applied to the tribunal on 4 August 2009.

Applicant’s claim

1. The applicant claimed that the company appointed Chris Nobbs and Mike Norton from ABC Business Coaching in 2006 to implement strategies and procedures. Their involvement was increased in 2007 to complete administrative control working together with managing director, Martin Cole. The applicant’s role was more hands on in production and site installation.

2. The applicant contended that in or around June 2007 he expressed a desire to relinquish his directorship of and ownership of shares in the company. Martin Cole and Chris…