Queensland Building Services Authority v Meredith

[2010] QCATA 50

CITATION: Queensland Building Services Authority v Meredith [2010] QCATA 50

PARTIES:	Queensland Building Services Authority (Appellant)
v
Steven Grant Meredith (Respondent)

APPLICATION NUMBER:            APL104-10               

MATTER TYPE:

HEARING DATE:   On the papers

HEARD AT:   Brisbane

DECISION OF: Justice Alan Wilson, President

DELIVERED ON:   16 September 2010

DELIVERED AT:   Brisbane

ORDERS MADE:  The decision of the learned Tribunal member is set aside and the decision of the QBSA is reinstated.

CATCHWORDS : 

DOMESTIC BUILDING DISPUTE – REVOCATION OF BUILDER’S LICENCE – BANKRUPTCY – REVIEW OF DECISION – APPEAL FROM REVIEW – Queensland Building Services Authority Act 1991, s 56AC(1) – MEANING AND EFFECT – where respondent lodged a debtor’s petition under Part IV of the Bankruptcy Act 1966 (Cth) – where his creditors accepted composition and bankruptcy annulled – where the QBSA sent a notice to the respondent that he was an “excluded individual” and revoked his licence pursuant to 56AC of the QBSA Act – where member of QCAT overturned the decision of the QBSA on review – where member found that annulment of bankruptcy nullified filing of petition – where applicant alleges that member failed to correctly apply s 56AC –
whether respondent “took advantage of the laws of bankruptcy” or became “bankrupt” pursuant to s 56AC – whether “becomes bankrupt” in s 56AC refers to provisions of the Bankruptcy Act or the fact of bankruptcy itself – whether member erred in application of s 56AC – whether error of law

Bankruptcy Act 1966 (Cth), Part IV, ss 73(4), 74(5)
Corporations Act 2001 (Cth), ss 206E, 206F
Queensland Building Services Authority Act 1991, ss 42(1), 56AC, 56AF, 86(1)(k)(i)
Queensland Civil and Administrative Tribunal Act 2009, ss 20, 24,142

Lombardo v Federal C’ssner of Taxation (1979) 40 FLR, applied
Oates v Commissioner of Taxation [1990] FCA 510, applied
Roberts v Wayne Roberts Concrete Constructions Pty Ltd [2004] NSWSC 734. cited
Shi v Migration Agents Registration Authority [2008] HCA 31, cited
Union Club v Battenberg [2006] NSWCA 72, cited

REASONS FOR DECISION

1. The Queensland Building Services Authority Act 1991 (QBSA Act) has the announced objects of regulating the building industry by, among other things, ensuring the maintenance of proper standards and achieving a reasonable balance between the interests of building contractors, and consumers. One of the ways in which the Act seeks to achieve those purposes is to create an authority, the Queensland Building Services Authority (QBSA), and giving it the power to issue licences to builders; and, in providing that only licensed builders may carry out building work[1].

   [1] QBSA Act, s 42(1)

1. QBSA also has power to take a builder’s licence away[2]. It decided to categorise Mr Meredith as an “excluded individual”, meaning he could not hold a licence. He applied to QCAT to review that decision and on 27 April 2010 a member of this Tribunal set aside the QBSA decision. QBSA appeals the member’s decision to this Appeal Tribunal.

   [2] ibid, Part 3A

1. QBSA’s decision process required it to give notice to Mr Meredith…