Queensland Building Services Authority v GPH Projects Pty Ltd - [2013] QCAT 610

CITATION:

Queensland Building Services Authority v GPH Projects Pty Ltd [2013] QCAT 610

PARTIES:	Queensland Building Services Authority (Applicant)
v
GPH Projects Pty Ltd (Respondent)

APPLICATION NUMBER:

OCR162-13

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Hughes

DELIVERED ON:

5 November 2013

DELIVERED AT:

Brisbane

ORDERS MADE:

1. That GPH Projects Pty Ltd pays to the Queensland Building Services Authority a penalty of $3,900 by 4pm on 28 November 2013.

2. That each party pays its own costs.

CATCHWORDS:

Exceeding Annual Allowable Turnover – penalty- isolated breach – insight – proportionality

Queensland Building Services Authority Act 1991 s 89(a) and (k), 91(3)
Penalties and Sentences Act 1992 s 5

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION
What is this Application about?

Builder licence requirements help ensure builders trade within their means and honour their commitments to consumers, contractors and suppliers.
GPH Projects Pty Ltd has been a licensed builder since 9 May 2002. Before exceeding its Allowable Annual Turnover (AATO) by more than 10 percent, GPH must notify or…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2013] QCAT 610
Decision Date

CaseChat Overview and Summary

The Queensland Building Services Authority (QBSA) sought a penalty against GPH Projects Pty Ltd (GPH) for breaching its licence conditions by exceeding its Allowable Annual Turnover (AATO) without notification or approval. GPH exceeded its AATO by $5,235,181, a breach of 153.98%. The Tribunal assessed the appropriate penalty considering the breach's severity, GPH's business size, and its efforts to prevent future breaches. The Tribunal also reviewed comparable cases where penalties ranged from $3,000 to $13,500.

The Tribunal noted that the penalty for isolated breaches generally ranged between $3,000 and $6,000, adjusted for inflation to $3,300 to $6,600. The most similar cases were Alternate Dwellings, which involved a lower breach amount and percentage but had adequate financial monitoring, and Janda, which involved a larger breach and more significant financial assets. Coastal Interior Linings, with a breach amount and percentage similar to GPH, was also considered. However, the Tribunal found GPH demonstrated greater insight and accepted responsibility, warranting a lower penalty.

Consequently, the Tribunal determined a penalty of $3,900 appropriate, reflecting the breach's severity, GPH's financial position, and its insight into its responsibilities. The Tribunal ordered GPH to pay the penalty by a specified date and that each party bear its own costs. This decision aimed to ensure compliance with licence conditions while considering proportionality and deterrence.

Orders