Ericson v Queensland Building and Construction Commission

[2014] QCA 297

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Administrative Law
2. › Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Appeal Tribunal jurisdiction
5. › Appeal on question of law only
6. › Whether Appeal Tribunal may substitute own decision where resolution of legal question cannot determine application
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 146
1. Administrative Law
2. › Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Appeal Tribunal jurisdiction
5. › Appeal on question of mixed fact and law
6. › Whether Appeal Tribunal must identify error of mixed fact and law before rehearing
7. › Whether leave to appeal on mixed question must be addressed
8. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 147
1. Administrative Law
2. › Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Remitted actions
5. › Whether Appeal Tribunal failed to reconsider matter in accordance with Court of Appeal's reasons
1. Licensing
2. › Building and construction
3. › Cancellation of builder's licence
4. › Discretion to cancel for breach of financial requirements
5. › Whether circumstances leading to breach relevant to exercise of discretion
6. › Queensland Building Services Authority Act 1991 (Qld), s 48

Quick Take

When the QCAT Appeal Tribunal decides an appeal on a question of law only under s 146, it can substitute its own decision only if the determination of the legal question is capable of resolving the matter as a whole; otherwise it must return the matter to the original decision-maker. Under s 147, the Appeal Tribunal must identify the specific error of mixed fact and law and address whether leave has been granted before conducting a rehearing and interfering with the original decision-maker's exercise of discretion. The circumstances leading to a licence breach remain relevant to the exercise of the cancellation discretion even where the suspension decision itself cannot be reviewed.