Greg Beer t/a G & L Beer Covercreting v J M Kelly (Project Builders) P/L

[2008] QCA 35

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Construction of statutory language
3. › Literal and grammatical meaning
4. › Whether words to be read subject to implied qualification
5. › Whether 'licence of the appropriate class' includes conditions on licence
6. › Queensland Building Services Authority Act 1991 (Qld), s 42(1)
1. Statutory Interpretation
2. › Limits on judicial power to supplement statutory language
3. › Correction of perceived legislative omission
4. › Whether court may add words to remedy perceived deficiency
5. › Three conditions for reading in words not present in statute
1. Building and Construction
2. › Licensing
3. › Classes of contractor's licence
4. › Whether condition on licence creates separate class
5. › Whether restricted licence is licence of different class
6. › Queensland Building Services Authority Act 1991 (Qld), ss 30, 34, 35, 42
1. Building and Construction
2. › Licensing
3. › Consequences of breach of licence condition
4. › Whether breach of condition amounts to unlicensed contracting
5. › Entitlement to payment for building work
6. › Queensland Building Services Authority Act 1991 (Qld), ss 42(1), 42(3), 48, 89

Quick Take

A contractor who holds a licence of the appropriate class under the Queensland Building Services Authority Act 1991 but performs work in breach of a condition restricting the scope of the licence is not caught by the prohibition in s 42(1) and is not disentitled to payment under s 42(3). The appropriate class of licence is determined by the classes defined in the Regulations, not by conditions imposed on the licence. Breach of a licence condition is dealt with under the separate disciplinary provisions in ss 48 and 89 of the Act.