Webster v Queensland Building Services Authority

CITATION:Webster v Queensland Building Services Authority [2010] QCAT 465

PARTIES:

GLENN DANIEL WEBSTER

            V

QUEENSLAND BUILDING SERVICES AUTHORITY

APPLICATION NUMBER:

QR087-09

MATTER TYPE:

Administrative review matters

HEARING DATE:

18 May 2010

HEARD AT:

Brisbane

DECISION OF:

Mr Paul Favell

DELIVERED ON:

22 September 2010

DELIVERED AT:

Brisbane

ORDERS MADE:

The Tribunal orders that the decision of the Building Services Authority to refuse the application to be categorised as a Permitted Individual be confirmed. 

CATCHWORDS:

Review of a refusal of an application to be categorised as a permitted individual pursuant to section 56AD(1) of the Queensland Building Services Authority Act 1991.

APPEARANCES AND REPRESENTATION:

Applicant      Mr Webster

Respondent  Ms Hunt

REASONS FOR DECISION

Introduction

1. On 28 May 2009 a decision was made by the Building Services Authority to refuse an application by the applicant to be categorised as a Permitted Individual pursuant to s56AD(1) of the Queensland Building Services Authority Act 1991 (“the Act”).

Factual Background and Claims

1. The Applicant holds a licence in the class of Builder Restricted to Shopfitting, grade of Nominee Supervisor.

2. The Applicant was the sole Director of Australian Fitout Services Pty Ltd (“AFS”) between 9 March 2005 and 20 February 2009.

3. AFS held a licence in the class of Builder Restricted to Shopfitting.

4. The relevant event occurred on or about 20 February 2009, it being the entering into bankruptcy of Glenn Webster and the appointment of the Official Trustee in Bankruptcy to the Applicant’s bankrupt estate.

5. The Building Services Authority claims that the event:

   (a)Comprised the Applicant’s entry into bankruptcy within the meaning of section 56AC(1)(a) of the QBSA Act on or about 20 February 2009;

   (b)Occurred less than five (5) years ago for the purposes of section 56AC(1)(b) of the QBSA Act; and

   (c)Was a “relevant bankruptcy event” within the meaning of section 56AC(1) of the QBSA Act and therefore a “relevant event” within the meaning of section 56AD(1) of the QBSA Act.

6. The BSA therefore claims that the Applicant became, on or about 20 February 2009, an “excluded individual” for the Event within the meaning of section 56AC(3) of the QBSA Act.

7. On 2 March 2009 the Building Services Authority sent the Applicant a ‘Notice of Reasons for Proposed Cancellation of Licence’ citing a failure to comply with a licensee’s financial requirements and the bankruptcy of the Applicant in their reasons. This letter informed the applicant of the proposed order that they be deemed an excluded individual and informed them of their rights to apply to be categorised as a permitted individual.

8. On or about 11 March 2009 the BSA received the applicant’s application to be categorised as a permitted individual citing the following reasons for the relevant event:

   (a)Under pricing or unprofitable building contracts;

   (b)Unprofitable business arrangements;

   (c)Adverse legal action;

   (d)Economic conditions affecting the industry;

   (e)Inability to recover amounts owing;

   (f)Insufficient working capital;

   (g)Money owed to related entities;

   (h)Fraud or theft; and

   (i)Other family issues.

9. On 23 March 2009 the Building Services Authority informed the applicant via a letter that the application…