Lindfield v Commissioner for Fair Trading [2005] NSWADT 32

CITATION: Lindfield v Commissioner for Fair Trading [2005] NSWADT 32 DIVISION: General Division APPLICANT PARTIES: Matthew William Lindfield RESPONDENT Commissioner for Fair Trading FILE NUMBER: 043213 HEARING DATES: 8/10/2004 SUBMISSIONS CLOSED: 10/08/2004 DATE OF DECISION: 02/22/2005

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 matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Fair Trading Tribunal Act 1998 Home Building Act 1989 Australian Broadcasting Tribunal -v- Bond and Ors (1990) 170 CLR 321. Commissioner for Fair Trading, Office of Fair Trading v Lindfield (GD) [2004] NSWADTAP 28. Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409. CASES CITED: Harb v Commissioner for Fair Trading, Office of Fair Trading (2003) NSWADT 185. 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. Lindfield v Director General, Office of Fair Trading [2004] NSWADT 8. APPLICANT REPRESENTATION: M Manwaring, solicitor RESPONDENT M Macrossan, barrister ORDERS: The Tribunal sets aside the decision of the Commissioner made on 31 July 2003 and finds that Mr Lindfield; a) is guilty of improper conduct under s.51(2)(c) of the Home Building Act 1989 and determines to cancel his contractor licence and to disqualify him for a period three months from being any of the following:; (i) the holder of any authority, ; (ii) a member of a partnership, or an officer of a corporation that is a member of a partnership, that is the holder of an authority, and; (iii) an officer of a corporation that is the holder of an authority.; b) is not a fit person to hold a contractor licence and determines to cancel his contractor licence and to disqualify him for a period thirty months from being any of the following:; (i) the holder of any authority, ; (ii) a member of a partnership, or an officer of a corporation that is a member of a partnership, that is the holder of an authority, and; (iii) an officer of a corporation that is the holder of an authority. ; Those disqualifications are to run concurrently