Court of Appeal

Chandra v Queensland Building and Construction Commission [2017] QCA 004 (16/2885) Margaret McMurdo P and Fraser JA and Daubney J 3 February 2017

Full-text: QCA17-004.pdf


ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the respondent had previously made findings of unsatisfactory conduct against the applicant – where the respondent determined that the applicant had also engaged in professional misconduct because of his repeated unsatisfactory conduct – where the Queensland Civil and Administrative Tribunal ordered that the applicant’s licence as a building certifier under the Building Act 1975 (Qld) be cancelled – where the Tribunal ordered that the applicant never be re-licensed and imposed a pecuniary penalty – where the applicant appealed against the decision that he never be re-licensed and challenged the pecuniary penalty – where the Appeal Tribunal affirmed the decision but vacated the pecuniary penalty order – where the applicant applied to the Court of Appeal challenging the decision to affirm the licensing prohibition – where the respondent applied for leave to cross-appeal against the Appeal Tribunal’s decision to vacate the pecuniary penalty order – whether a prohibition on re-licensing for a specified period of time sufficiently and appropriately protect the public against the risk of further misconduct by the applicant – whether it was open to the Appeal Tribunal to set aside the Tribunal decision imposing the pecuniary penalty – whether the appeal should be allowed