CITATION:Laidlaw v Queensland Building Services Authority [2010] QCAT 70
PARTIES: WILLIAM EDWARD LAIDLAW
v
QUEENSLAND BUILDING SERVICES AUTHORITY
APPLICATION NUMBER: QR217-07
MATTER TYPE: General administrative review matters
HEARING DATE: 22 January 2010
HEARD AT: Brisbane
DECISION OF: Michelle Howard, member
DELIVERED ON: 26 February 2010
DELIVERED AT: Brisbane
ORDERS MADE: The decision of the QBSA dated 14 November 2007 to refuse to categorise the applicant as a permitted individual be set aside.
The applicant be categorised as a permitted individual.
CATCHWORDS: permitted individual- Part 3A section 56AD-Queensland Building Services Authority Act 1991 - onus in review jurisdiction- consideration of extrinsic material a matter of law
APPEARANCES and REPRESENTATION (if any):
Mr G Thomson of Counsel on behalf of the applicant and Ms S Afzal, Legal Officer on behalf of the respondent.
REASONS FOR DECISION
History and Application
What follows is a cautionary tale highlighting potential pitfalls for those who may consider investing in business as a minority share or interest holder, while taking on the responsibilities of a director. Mr Laidlaw (“Laidlaw or the applicant”) was a director of an earth moving/plant hire company, Grace McFadyen Pty Ltd (“Grace McFadyen”) when liquidators were appointed for it on 27 March 2007.
Following, and as a result of, the appointment of a liquidator, the Queensland Building Services Authority (“QBSA or the Authority”) notified the applicant that it considered him to be an ‘excluded individual’ for a relevant company event within the meaning of section 56AC of the Queensland Building Services Authority Act 1991 (“the QBSA Act”). The appointment of a liquidator for the benefit of a creditor is a relevant company event under the section. An individual is an excluded individual if the person was when a relevant company event happened, a director or secretary of, or an influential person for, the company. A company is an excluded company if, among others, a director for the company is an excluded individual for a relevant event.
An excluded individual may apply to the QBSA to be categorised as a permitted individual for the relevant event under section 56AD of the QBSA Act. Under Part 3A Division 3, the QBSA must not grant a licence to an excluded individual or an excluded company and must cancel the licence of a person who is not successful on an application to be categorised as a permitted individual. There is very practical consequence for the applicant of being an excluded individual. The applicant is now a director of KISS Graphics Pty Ltd (“KISS Graphics”) which designs manufactures and installs signs. Kiss Graphics holds a licence from QBSA which enables it to install the signs.
The applicant made an application to the QBSA to be categorised as a permitted individual for the relevant company event, in this case, the appointment of a liquidator of Grace McFadyen. His application was refused in a decision of the QBSA. The applicant filed an application to review the decision of that QBSA in the Commercial and Consumer Tribunal (“CCT”).
The…
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- Case
- [2010] QCAT 70
- Decision Date
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