QBSA v Coastal Interior Linings Pty Ltd

CITATION: Queensland Building Services Authority v Coastal Interior Linings Pty Ltd [2010] QCAT 165

PARTIES:	Queensland Building Services Authority
v
Coastal Interior Linings Pty Ltd

APPLICATION NUMBER:   QD016-09     

MATTER TYPE: Occupational regulation matters

HEARING DATE:     6 April 2010

HEARD AT:  Brisbane

DECISION OF: Ms Clare Endicott

DELIVERED ON: 21 April 2010

DELIVERED AT:      Brisbane

ORDERS MADE: Coastal Interior Linings Pty Ltd is ordered to pay to Queensland Building Services Authority the sum of $4,000 by way of penalty by 4.00pm on 10 May 2010

CATCHWORDS :  Penalty – breach of condition on licence – exceeding allowable annual turnover – section 91(3)(b) of the Queensland Building Services Authority Act 1991

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Queensland Building Services Authority represented by Melanie Hanlon, in-house lawyer of Queensland Building Services Authority
RESPONDENT:	Coastal Interior Linings Pty Ltd represented by Anne Challenger, Cronin Litigation Lawyers

REASONS FOR DECISION

1. Coastal Interior Linings Pty Ltd (CIL) has held a licence issued by the Queensland Building Services Authority (the QBSA) since 1994.  The licence has been renewed annually and is current.
2. At the time of licence renewal for the 2007/2008 year, documentation was submitted to the QBSA by the accountant for CIL which incorrectly represented that CIL’s net tangible assets were $156,001 when the actual amount of CIL’s net tangible assets was $391,033. 
3. Based on the documentation provided by CIL’s accountant, the QBSA renewed the licence for 2007/2008 on 22 November 2007 and calculated CIL’s allowable annual turnover for 2007/2008 at $3,000,001. 
4. CIL was notified by letter from the QBSA dated 22 November 2007 that it was a breach of a licence condition to exceed the allowable annual turnover by more than 10% during a licensing year without reference to the QBSA. 
5. On 27 November 2008 the QBSA received documentation from the accountant of CIL which recorded that the actual annual turnover for 2007/2008 was $9,787,775. 
6. QBSA commenced disciplinary proceedings in May 2009 in the Commercial and Consumer Tribunal against CIL for contravening a requirement imposed by the Queensland Building Services Authority Act 1991 and for contravening a condition of its licence.  CIL was unaware until the commencement of the disciplinary proceedings that it had exceeded the allowable annual turnover under its licence in 2007/2008. 
7. From 1 December 2009 the Queensland Civil and Administrative Tribunal (the Tribunal) has replaced the Commercial and Consumer Tribunal on the commencement of the Queensland Civil and Administrative Tribunal Act 2009.
8. Under section 256 of the Act, a pending proceeding (being a proceeding commenced in one of the Tribunals replaced by the 2009 Act but not heard by the replaced Tribunal prior to 1 December 2009) is taken to be a proceeding before the Queensland Civil and Administrative Tribunal.  Under section 271 of the Act, the Tribunal has the functions of the former Tribunal and can make a decision that the former Tribunal could have made in relation to the proceeding.
9. The former Tribunal had the power under section 107(2) of the now repealed Commercial and Consumer Tribunal Act