McNab Constructions Australia Pty Ltd v Queensland Building Services Authority

McNab Constructions Australia Pty Ltd (McNab) sought judicial review of a decision by the Queensland Building Services Authority (QBSA) to cancel its building licence. The dispute concerned whether McNab had contravened section 31(1)(a) of the *Queensland Building Services Authority Act 1991* (Qld) by failing to complete a residential building project within a reasonable time. The matter came before the High Court of Australia on appeal from the Supreme Court of Queensland.

The High Court was required to determine whether the QBSA had erred in law in cancelling McNab's licence. Specifically, the court considered whether the QBSA had correctly applied the statutory test for determining whether a builder had failed to complete a project within a reasonable time, and whether the QBSA had afforded McNab procedural fairness in reaching its decision.

The High Court found that the QBSA had misconstrued the meaning of "reasonable time" under section 31(1)(a) of the Act. Their Honours held that the QBSA had failed to consider all relevant circumstances, including the complexity of the project and any unforeseen delays, in assessing whether McNab had acted unreasonably. Furthermore, the court determined that McNab had not been given adequate notice of the specific grounds upon which the QBSA intended to cancel its licence, thereby breaching the principles of procedural fairness.

The appeal was allowed, and the decision of the QBSA to cancel McNab's building licence was quashed.