Catchwords

PROFESSIONS AND TRADES - BUILDERS - QUEENSLAND - OTHER CASES - respondent entered into sub-contract with applicant to perform building work on 4 September 2003 - under s 42 Queensland Building Services Authority Act 1991 (Qld) a person who carries out building work without a holding a contractor's licence under the Act is not entitled to monetary consideration unless it is performed as a subcontractor for a licensed trade contractor - amendments to the Act and Queensland Building Services Authority Regulation 2003 (Qld) came into operation on 1 September 2003 which significantly amended classes of licence to be held under the Act -

prior to amendments respondent holder of "general building" licence - after amendments respondent holder of "builder-open" licence - "licensed trade contractor" defined in s 42(12)(a) to mean a licensed contractor other than one who holds a licence for "general building" - applicant did not hold any licence under the Act at any time - applicant brought claim under sub contract for monies owed - respondent pleaded in part in defence and counterclaim that applicant was not entitled to recover under claim as applicant did not hold a licence under the Act and that it was not a licensed trade contractor within the meaning of s 42 - applicant applied to strike out that part of defence and counterclaim contending that the work performed by it was within the scope of the building work allowed by the respondent's licence - primary judge observed the Act not amended harmoniously with the Regulation - construed s 42 as not operating by reference to the precise name of the licence in the Regulation but by reference to a licence meeting the general description of the licence in the Act - found respondent held a licence under s 42(12)(a) - application dismissed - whether any error in construction of s 42 by primary judge

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - QUEENSLAND - WHEN APPEAL LIES - BY LEAVE OF COURT - INTERLOCUTORY ORDERS AND JUDGMENTS - applicant's application under Uniform Civil Procedure Rules 1999 (Qld) r 171 to strike out part of respondent's defence and counterclaim refused by primary judge - applicant applied for leave to appeal from dismissal of application - whether some reason to think the primary decision may be wrong - whether substantial injustice would result if leave were refused