Queensland Building and Construction Commission v Ian James Ericson trading as Flea's Concreting

The Queensland Building and Construction Commission appealed a decision of the Administrative Appeals Tribunal which had set aside a decision to cancel the licence of Mr Ian James Ericson, trading as Flea's Concreting. The Commission had suspended Mr Ericson's licence, and subsequently cancelled it, after an investigation found that he was not a fit and proper person to hold a licence. The Tribunal had found the initial suspension to be harsh, and that the cancellation was caused by the financial difficulties that arose from the suspension, and so set aside the cancellation. The Commission sought leave to appeal the Tribunal's decision.

The central issue before the court was whether the grounds for leave to appeal existed. The Commission argued that the Tribunal had erred in law by setting aside the cancellation of the licence, and that the Tribunal's findings regarding the harshness of the initial suspension and the cause of the subsequent cancellation were not supported by the evidence. The court had to determine whether the Tribunal's decision was so plainly wrong as to justify the grant of leave to appeal.

The court found that the Tribunal had erred in setting aside the cancellation of the licence. The Tribunal had not adequately considered the evidence of the Commission, and had placed too much weight on the financial difficulties that arose from the suspension. The Tribunal had also failed to properly consider the evidence of the suitability of Mr Ericson to hold a licence. The court found that the Tribunal's decision was so plainly wrong as to justify the grant of leave to appeal. The court set aside the order of the Tribunal, and confirmed the decision of the Commission to cancel Mr Ericson's licence.