QBSA v Coastal Interior Linings Pty Ltd

The case involved Coastal Interior Linings Pty Ltd, which was accused of breaching a condition on its licence by exceeding the allowable annual turnover as stipulated by section 91(3)(b) of the Queensland Building Services Authority Act 1991. The Queensland Building Services Authority (QBSA) brought this action against the company, seeking a penalty for the breach. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT).

The primary legal issue the court had to address was whether Coastal Interior Linings Pty Ltd had indeed breached the condition of its licence by exceeding the allowable annual turnover as defined by the legislation. This required the tribunal to interpret the statutory provisions and assess the company's turnover against the prescribed limit. Additionally, the tribunal had to determine the appropriate penalty under the Act if the breach was confirmed.

The tribunal found that Coastal Interior Linings Pty Ltd had exceeded the allowable annual turnover as defined by section 91(3)(b) of the Act. The company had failed to adhere to the turnover limit set by the QBSA, thereby contravening the terms of its licence. The tribunal imposed a penalty of $4,000 on the company, which was to be paid by 4.00pm on 10 May 2010. This penalty was considered appropriate given the breach of the licence condition and the statutory requirements.

The tribunal ordered Coastal Interior Linings Pty Ltd to pay the QBSA the sum of $4,000 by the specified deadline, reflecting its determination that the company had breached the licence condition and was liable for the penalty.