Singh v Building Commission NSW [2024] NSWCATOD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Singh v Building Commission NSW [2024] NSWCATOD 7 Hearing dates: 15 January 2024 Date of orders: 19 January 2024 Decision date: 19 January 2024 Jurisdiction: Occupational Division Before: T Simon, Principal Member Decision: 1. The decision of the respondent dated 7 December 2023 to take disciplinary action against Gurdeep Singh (Certificate of Registration Number BDC0377) is stayed until 29 January 2024 on the following conditions: i. The stay is only allowed to the extent that it permits the applicant to be replaced on projects which he is currently the registered certifier. ii. The applicant is otherwise not authorised to undertake any other functions as a registered certifier. 2. The application for a stay on the respondent's decision is otherwise dismissed. Catchwords: REVIEW OF DECISION BY EXTERNAL DECISION-MAKER — decision to cancel registration as a certifiers pursuant to section 48 of the Building Professionals Certifiers Act 2018 (NSW)

PRACTICE AND PROCEDURE — INTERLOCUTORY ORDER – application for stay— factors relevant to exercise of the power to stay decision under section 60 of the Administrative Decisions Review Act 1997 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 Building and Development Certifiers Act 2018 Building Professionals Act 2005 Environment Planning and Assessment Regulation 2000 Cases Cited: QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Category: Principal judgment Parties: Gurdeep Singh (Applicant) Building Commission NSW (Respondent) Representation: Counsel: M Swanson (Applicant)