Harb v Commissioner of Fair Trading [2003] NSWADT 185

Pending Appeal :

CITATION: Harb v Commissioner of Fair Trading [2003] NSWADT 185 DIVISION: General Division FIRST APPLICANT Peter Harb PARTIES: SECOND APPLICANT Steven Harb RESPONDENT Commissioner of Fair Trading FILE NUMBER: 023240 HEARING DATES: 11-12/06/2003 SUBMISSIONS CLOSED: 06/12/2003 DATE OF DECISION: 08/21/2003

BEFORE: Molony P - Judicial Member APPLICATION: Home builder - cancellation of contractor licence - Home Builder - disqualification from holding authority - Home Building Act - home builder - cancellation of contractor licence - Home Building Act - home builder - disqualification form holding authority MATTER FOR DECISION: Principal Administrative Decisions Tribunal Act 1997 Consumer, Trader and Tenancy Tribunal Act 2001 LEGISLATION CITED : Evidence Act 1995 Home Building Act 1989 Interpretation Act 1987 Moore v Guardianship and Administration Board [1990] VR 902 Jones v Dunklel (1959) 101 CLR 298 Briginshaw v Briginshaw (1938) 60 CLR 366 Australian Concrete Services Pty Ltd v Multiplex Constructions [1999] NSWSC 1140 Eddy Lau Constructions Pty Ltd v. Transdevelopment Enterprise Pty Ltd & Anor [1999] NSWSC 455 CASES CITED: The Ikranian Reefer [1993] 2 Lloyd's Rep 68 Cala Homes (South) Ltd v Alfred McAlpine Homes East Ltd [1995] FSR 818 Lipovac v Hamilton Holdings Pty Ltd (Unreported, ACTSC, 13 September 1996) Hughes & Vale Pty Ltd v The State of New South Wales (No 2) (1955) 93 CLR 127 Kioussis -v- Director General, Department of Fair Trading [2002] NSWADT 2 Australian Broadcasting Tribunal -v- Bond and Ors (1990) 170 CLR 321 Director General, Department of Fair Trading v O'Connell (unreported, Fair Trading Tribunal, 8 November 2000, BU2000/3762) Clyne v NSW Bar Association (1960) 104 CLR 186 APPLICANT REPRESENTATION: T Davie, barrister RESPONDENT T Grey, solicitor ORDERS: In Mr Peter Harb's case the Tribunal:; a) affirms the decision of the Administrator to cancel Mr Peter Harb's contractor licence;; b) sets aside the determination of the Administrator to disqualify Mr Peter Harb from obtaining a contractor licence for 5years and to impose a penalty of $4,000.00; and,; c) substitutes that determination with a decision that Mr Peter Harb be disqualified from holding a contractor licence for a period of 3 years.; In Mr Steven Harb's case, the Tribunal sets aside the determination of the Administrator and substitutes that decision with a finding that Mr Steven Harb is guilty of improper conduct within the meaning of s,51(2)(c) of the Act, and determines that he:; a) is to be reprimanded for that improper conduct; and; b) is to pay a penalty of $1,650.00 to the Administrator.