Birelli Built Pty Ltd v Secretary, Department of Customer Services [2024] NSWCATOD 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Birelli Built Pty Ltd v Secretary, Department of Customer Services [2024] NSWCATOD 184 Hearing dates: 21 May 2024; 8 July 2024 Date of orders: 12 November 2024 Decision date: 12 November 2024 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: (1) The name of the respondent is changed to Secretary, Department of Customer Service. (2) The decision under review is varied. (3) The condition that "each director of the Authority Holder is required to complete the Construct NSW course Waterproofing Design Principles" is removed. (4) The decision under review is otherwise affirmed. Catchwords: Administrative Law – home building – disciplinary action – whether company failed, without reasonable cause, to comply with a rectification order - improper conduct – applicable penalty Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Home Building Act 1989 Design and Building Practitioners Act 2020 Cases Cited: Director-General, Department of Fair Trading v Cohen [2000] NSWFTT 3 Harb v Commissioner of Fair Trading [2007] NSWADT 175 Ng v Commissioner for Fair Trading [2007] NSWADT 259 Younan v Commissioner for Fair Trading [2018] NSWCATOD 9 Younan v Commissioner of Fair Trading [2007] NSWADT 170 Category: Principal judgment Parties: Birelli Built Pty Ltd (Applicant) Building Commission NSW, Department of Customer Services (Respondent) Representation: A Kerios (Applicant) Legal, Building Commission NSW (Respondent) File Number(s): 2024/00084530 Publication restriction: Nil