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Benchmark
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Construction
Monday, 1 December 2014
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| Executive Summary (One Minute Read) |
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| Queensland Building and Construction Commission v Arthurs (QCA) - administrative law - reinstatement of building licence - leave to appeal refused |
| Summaries With Link (Five Minute Read) |
Queensland Building and Construction Commission v Arthurs [2014] QCA 307
Court of Appeal of Queensland
Holmes & Fraser JJA; McMeekin J
Administrative law - liquidator appointed to company - respondent was 50% shareholder in company and registered builder - respondent held licence under Pt 3 Queensland Building Construction and Commission Act 1991 (Qld) - appointment of liquidator triggered excluded individual provisions of s56AC - Queensland Building and Construction Commission determined respondent was an excluded individual for the relevant company event being appointment of the liquidator to the company - effect of finding that respondent was “excluded individual” was automatic cancellation of builder’s license - QBCC’s decision confirmed by QCAT but overturned by Appeal Tribunal - QBCC sought to appeal - influential person - s56AC(c)(ii) - held: Appeal Tribunal considered correct question - no error of law by Appeal Tribunal established - leave to appeal refused.
Queensland Building and Construction Commission |
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