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Benchmark
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Construction
Tuesday, 25 November 2014
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| Executive Summary (One Minute Read) |
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| Ericson v Queensland Building and Construction Commission (QCA) - administrative law - cancellation of contractor's licence - Appeal Tribunal erred on remitter - appeal allowed |
| Summaries With Link (Five Minute Read) |
Ericson v Queensland Building and Construction Commission [2014] QCA 297
Court of Appeal of Queensland
Holmes JA; Mullins & Henry JJ
Administrative law - contractor sought review of Building Services Authority's decision to suspend and cancel his licence - contractor sought leave to appeal against Appeal Tribunal's confirmation of QCAT's cancellation of licence - Appeal Tribunal had received fresh evidence but did not remit matter to member for fresh exercise of discretion in accordance with its decision - Court of Appeal held Appeal Panel failed to exercise discretion under s48 and contractor entitled to further review - on remitter, Appeal Tribunal again confirmed decision to cancel licence - held: Appeal Tribunal erred by failing to identify basis on which it was dealing with matter and failing to reconsider it in accordance with Court's earlier decision - appeal allowed - matter remitted to differently constituted Tribunal.
Ericson |
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