McKenzie Group Consulting (NSW) Pty Ltd v Building Professionals Board [2020] NSWCATOD 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McKenzie Group Consulting (NSW) Pty Ltd v Building Professionals Board [2020] NSWCATOD 76 Hearing dates: 1 July 2020 Date of orders: 1 July 2020 Decision date: 03 July 2020 Jurisdiction: Occupational Division Before: L Pearson, Principal Member Decision: By consent, the Tribunal orders that: (1) The Respondent's decision made in respect of Investigation No I-01/19 (being the decision the subject of the appeal) (the Decision) is varied as follows: (a) A finding is made in respect of Matters 1, 2, 3, 6, 7 and 8 of Unsatisfactory Professional Conduct only. (b) In respect of Order 1(a), the Applicant is reprimanded. (c) In respect of Order 1(a), the Applicant is ordered to pay a fine of $50,000. (d) The remainder of the Decision is otherwise affirmed. (2) The proceedings are otherwise dismissed. The Tribunal notes the agreement between the parties that: (1) Matters 4, 5, 9 and 10 (which were not pressed in the Decision) are dismissed. (2) No finding of Professional Misconduct is made against the Applicant. (3) The agreement between the parties in relation to these proceedings is confidential between the parties unless required to be disclosed by law. (4) No order as to costs with the intention that each party shall bear its own costs of the appeal. (5) The Applicant has paid the $50,000 referred to in order 1(c) above. Catchwords: TRADES AND PROFESSIONS – accredited certifier – disciplinary action – application for review – consent orders Legislation Cited: Administrative Decisions Tribunal Act 1997 Building Professionals Act 2005 Civil and Administrative Tribunal Act 2013 Cases Cited: Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 161 ALR 79 Noel v Becker [1971] 2 All ER 1186; [1971] 1 WLR 355 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Principal judgment Parties: McKenzie Group Consulting (NSW) Pty Ltd (Applicant) Building Professionals Board (Respondent) Representation: Counsel: M Fozzard (Respondent)