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Ericson v Queensland Building and Construction Commission [2014] QCA 297 (14/4568) Holmes JA, Mullins and Henry JJ 21/11/2014

Full-text: QCA14-297.pdf

Catchwords

PROCEDURE – INFERIOR COURTS – QUEENSLAND – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – REMITTED ACTIONS – where the respondent suspended and then cancelled the applicant’s builder’s licence for contravention of a licence condition – where a single member of the Queensland Civil and Administrative Tribunal (QCAT) set aside those decisions – where the Appeal Tribunal of QCAT reversed the Member’s decision and confirmed the cancellation of the applicant’s licence – where the applicant’s application for leave to appeal and appeal were allowed on the basis that the Appeal Tribunal had misapprehended the nature of its jurisdiction – where this Court remitted the matter to Appeal Tribunal for reconsideration – where, on its further hearing, the Appeal Tribunal again set aside the Member’s decision and confirmed the respondent’s decision to cancel the licence – where the applicant seeks leave to appeal the decision the Appeal Tribunal made on remitter – where the applicant contends that the Appeal Tribunal failed to reconsider the matter in accordance with this Court’s reasons – where if the appeal to the Appeal Tribunal were decided on questions of law it remained necessary to return the matter to the Member for decision on the merits – where the Appeal Tribunal did not identify any error of mixed fact and law as the basis for it to re-hear the matter and interfere with the Member’s exercise of discretion

Summary Notes

Application for Leave Queensland Civil and Administrative Tribunal Act – where the respondent suspended and then cancelled the applicant’s builder’s licence for contravention of a licence condition – where a single member of the Queensland Civil and Administrative Tribunal (QCAT) set aside those decisions – where the Appeal Tribunal of QCAT reversed the Member’s decision and confirmed the cancellation of the applicant’s licence – where the applicant’s application for leave to appeal and appeal were allowed on the basis that the Appeal Tribunal had misapprehended the nature of its jurisdiction – where this Court remitted the matter to Appeal Tribunal for reconsideration – where, on its further hearing, the Appeal Tribunal again set aside the Member’s decision and confirmed the respondent’s decision to cancel the licence – where the Appeal Tribunal’s approach is puzzling, not only in light of the express statements in this Court’s previous judgment, but also the written submissions made to it by the respondent – where an appeal on a mixed question of fact and law under s 147 required leave; the Appeal Tribunal said nothing as to whether, and, if so, why, leave was granted – where counsel for the respondent very properly conceded that the Appeal Tribunal had erred in purporting to determine the matter under s 146 and in failing to make the basis upon which it proceeded under s 146 and s 147 clear. Application granted, appeal allowed, matter remitted.