Queensland Building and Construction Commission v Macdonald

The Queensland Building and Construction Commission sought to exclude Mr. Macdonald from participating in the building and construction industry in Queensland. The Commission alleged that Mr. Macdonald was an excluded individual due to his involvement in criminal organisations. The dispute was heard in the Queensland Civil and Administrative Tribunal. The legal issues that the Tribunal was required to decide were whether Mr. Macdonald was an excluded individual and whether his status as a shareholder of a company gave him actual influence or control over the company, or the potential to influence the company.

The Tribunal found that Mr. Macdonald was an excluded individual due to his involvement in criminal organisations. The Tribunal also found that his status as a shareholder of a company did not give him actual influence or control over the company, or the potential to influence the company. The Tribunal was satisfied that the company's directors and management exercised control over the company's affairs, and that Mr. Macdonald did not have the capacity to influence or control the company's decisions.

The Tribunal confirmed the Decision of The Tribunal dated 12 December 2013, which found that Mr. Macdonald was an excluded individual and that his status as a shareholder of a company did not give him actual influence or control over the company, or the potential to influence the company. The Tribunal held that the evidence did not establish that Mr. Macdonald had the capacity to influence or control the company's decisions. The Tribunal was satisfied that the company's directors and management exercised control over the company's affairs, and that Mr. Macdonald did not have the capacity to influence or control the company's decisions.