Freixas v Commissioner for Fair Trading, Department of Customer Service (No 2) [2020] NSWCATOD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Freixas v Commissioner for Fair Trading, Department of Customer Service (No 2) [2020] NSWCATOD 78 Hearing dates: On the papers Date of orders: 15 July 2020 Decision date: 15 July 2020 Jurisdiction: Occupational Division Before: G Blake AM SC, Senior Member N Halstead, General Member Decision: (1) the applicant be reprimanded under s 48(b) of the BDC Act; (2) the applicant be required under s 48(c) of the BDC Act to pay to the respondent, as a penalty, $20,000.00 within one month; (3) a condition be imposed on the registration of the applicant as a registered certifier under s 48(d) of the BDC Act that he undertakes the UTS advanced building regulation course within the next 12 months. Catchwords: PROFESSIONAL DISCIPLINE – review of decision of Building Professionals Board to discipline an accredited certifier - unsatisfactory professional conduct – appropriate action Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63 Building and Development Certifiers Act 2018 (NSW), ss 3, 4, Pt 2, ss 48, 49, 50, 121, Scl 1 Building Professionals Act 2005 (NSW), ss19, 34, 77 (repealed) Civil and Administrative Tribunal Act 2013 (NSW), s 50 Crimes (Sentencing Procedure) Act 1999 (NSW), Pt 3 Div 4 Cases Cited: Boyce v Building Professionals Board (No 2) [2020] NSWCATOD 14 Building Professionals Board v Boulle [2008] NSWADT 80 Carroll v Sydney City Council (1989) 15 NSWLR 541 Craig v Medical Board of South Australia [2001] SASC 169; (2001) 79 SASR 545 Director General, Department of Fair Trading v Cohen [2000] NSWFTT 3 Hallal v Building Professionals Board [2016] NSWCATOD 78 Khosa v Legal Profession Complaints Committee [2017] WASCA 192 Lilli v Building Professionals Board [2019] NSWCATOD 119 Levick v Building Professionals Board [2018] NSWCATOD 125 Murrant v Building Professionals Board [2019] NSWCATOD 130 NEAT Domestic Trading Pty Ltd v AWB Ltd [2003] HCA 35; (2003) 216 CLR 277 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 Qiu v Building Professionals Board [2013] NSWADT 289 R v Secretary of State for Home Department; Ex parte Venables [1998] AC 407 Stirling v Legal Services Commissioner [2013] VSCA 374 Treble v Building Professionals Board [2019] NSWCATOD 34 Ziems v Prothonotary of the Supreme Court of New South Wales [1957] HCA 46; (1957) 97 CLR 279 Texts Cited: None cited Category: Principal judgment Parties: Maurice Freixas (Applicant) Commissioner for Fair Trading, Department of Customer Service (Respondent) Representation: Counsel: P Tomasetti SC and J Mack (Applicant) M Fozzard (Respondent)