Queensland Building & Construction Commission v Meredith

[2014] QCA 62

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Appeal to Court of Appeal
5. › Leave to appeal
6. › Question of law
7. › Reasonable prospects of success required
8. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150(3)
1. Building and Construction Law
2. › Licensing
3. › Excluded individuals
4. › Categorisation as permitted individual
5. › All reasonable steps to avoid relevant event
6. › Whether reliance on co-director for financial management satisfies test
7. › Queensland Building Services Authority Act 1991 (Qld), ss 56AD(8), 56AD(8A), 56AD(8B)
1. Corporations
2. › Directors' duties
3. › Reliance on co-directors
4. › Whether corporations law concepts of director reliance relevant to statutory building licensing test
5. › Corporations Act 2001 (Cth), s 180

Quick Take

Under s 56AD(8) of the Queensland Building Services Authority Act 1991, an individual who placed full reliance on a co-director for financial management of a company is not thereby precluded from satisfying the 'all reasonable steps' test for categorisation as a permitted individual. The reasonableness of such reliance must be assessed by reference to the circumstances, including the conduct of the person relied upon in engendering trust. Corporations law concepts concerning directors' reliance on co-directors are relevant but not conclusive of the statutory test. The conduct of the person relied upon, including deliberate concealment or fraud, is a legitimate consideration in assessing reasonableness.