Ng & anor v Commissioner for Fair Trading, NSW Office of Fair Trading & anor [2007] NSWADT 259

CITATION: Ng & anor v Commissioner for Fair Trading, NSW Office of Fair Trading & anor [2007] NSWADT 259

DIVISION: General Division

APPLICANTS Alfred Ng PARTIES: Accent Constructions Pty Ltd RESPONDENT Commissioner for Fair Trading, NSW Office of Fair Trading

FILE NUMBER: 063414; 063408

HEARING DATES: 8 August 2007

SUBMISSIONS CLOSED: 8 August 2007

DATE OF DECISION: 5 November 2007

BEFORE: Molony P - Judicial Member

CATCHWORDS: Home Builder - improper conduct

MATTER FOR DECISION: Principal Matter

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Building Services Corporation Act 1989 Home Building Act 1989

La Plata Constructions Ply Ltd & Gallo v Building Services Corp (Commercial Tribunal, unreported, 12 April 1990) Director-General, Department of Fair Trading v. Cohen [2000] NSWFTT 3 CASES CITED: Younan v Commissioner of Fair Trading [2007] NSWADT 170 at [26] Harb v Commissioner of Fair Trading [2007] NSWADT 175 Calcaro v Chief Commissioner of State Revenue [2004] NSWADT 158.

In Person REPRESENTATION: V Griswold, solicitor

ORDERS: The Tribunal makes the following orders in respect to Mr. Ng's application on file number 063414:; 1. The decisions made by the Commissioner on 12 April 2006 imposing monetary penalties on Mr. Ng is set aside; 2. The Tribunal substitutes that decision with a determination that Accent Construction Pty Ltd be reprimanded in respect of improper conduct between January and July 2001, when as the holder a contractor licence, it breached the statutory warranty implied by section 18B(a) of the Home Building Act 1989 with respect to thirteen items of work on one residential building; The Tribunal makes the following orders in respect to Accents Construction Pty Ltd's application on file number 063408:; 1. The decisions made by the Commissioner on 12 April 2006 imposing monetary penalties on Accent Construction Pty Ltd is set aside; 2. The Tribunal substitutes that decision with a determination that Mr. Ng be reprimanded in respect of his improper conduct between January and July 2001 when, as the holder of a supervisor certificate for and a director of a licenced corporation, the statutory warranty implied by section 18B(a) of the Home Building Act 1989 was breached by the licenced corporation with respect to thirteen items of work on one residential building.