NSW Caselaw
CITATION: Pilipczyk & anor v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 85
DIVISION: General Division
APPLICANTS Efim Pilipczyk Pty Ltd t/as Homes By Us PARTIES: Efim Pilipczyk RESPONDENT Commissioner for Fair Trading, NSW Office of Fair Trading
FILE NUMBER: 063320; 063333
HEARING DATES: 26 & 28 February 2007 2, 5 & 27 March 2007
SUBMISSIONS CLOSED: 27 March 2007
DATE OF DECISION: 13 April 2007
BEFORE: Handley R - Acting Deputy President
CATCHWORDS: Home Builder - suspension of contractor licence - Home Building Act - home builder - suspension of contractor licence
MATTER FOR DECISION: Principal matter
LEGISLATION CITED : Home Building Act 1989
Briginshaw v Briginshaw (1938) 60 CLR 336 Building Services Corporation v McIlveen (Commercial Tribunal of NSW, unreported, 18 February 1997) CASES CITED: Director-General, Department of Fair Trading v Cohen [1999] NSWFTT 2 Director-General, Department of Fair Trading v Cohen [2000] NSWFTT 3 Director-General, Department of Fair Trading v O'Connell [2000] NSWFTT 20
APPLICANTS E Olsson, Senior Counsel REPRESENTATION: RESPONDENT G Elliott, Counsel
ORDERS: The decision under review is set aside and, in substitution therefor, the Applicants, Efim Pilipczyk and Efim Pilipczyk Pty Ltd t/as Homes By Us, are each to be issued with a caution in respect of improper conduct in relation to construction work at 40 Risdon Crescent, Kariong.
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