Queensland Building and Construction Commission v Richardson

Richardson appealed a decision by the Queensland Building and Construction Commission Tribunal that he had engaged in professional misconduct as a building certifier. The Commission had found that Richardson had failed to exercise the skill and care of a reasonably competent building certifier and that his conduct was causative of a compromise of the integrity of a building. Richardson's appeal focused on whether the Tribunal had erred in its construction of the words "causative of a compromise" and whether it had applied the correct legal principles in finding him guilty of professional misconduct. The Court of Appeal was required to determine whether the Tribunal had made any errors of law in its decision and whether the appeal should be dismissed or allowed. In dismissing the appeal, the Court found that the Tribunal had correctly interpreted the phrase "causative of a compromise" and had applied the correct legal principles in finding Richardson guilty of professional misconduct. The Court held that the Tribunal had considered all relevant evidence and had made a decision that was open on the evidence. The Court also found that there was no error of law in the Tribunal's decision and that the appeal should be dismissed. The Court confirmed the decision of the Tribunal dated 8 April 2014. Richardson was required to file and serve any application for costs, together with supporting written submissions by 4:00pm on 27 July 2015. The Queensland Building and Construction Commission was required to file and serve any written submissions in response by 4:00pm on 10 August 2015. Richardson was required to file and serve any written submissions in reply by 4:00pm on 24 August 2015. Unless otherwise ordered, any application for costs would be determined on the papers without an oral hearing not before 25 August 2015.