Havenview Homes Pty Ltd & Furci v Director General, Department of Fair Trading [2004] NSWADT 219

CITATION: Havenview Homes Pty Ltd & Furci v Director General, Department of Fair Trading [2004] NSWADT 219 DIVISION: General Division APPLICANTS PARTIES: Havenview Homes Pty Ltd & Patrick John Furci RESPONDENT Director General, Department of Fair Trading FILE NUMBER: 033021; 033023 HEARING DATES: 07/04/2003, 19/05/2003, 12/08/2003, 08/12/2003 SUBMISSIONS CLOSED: 06/18/2003 DATE OF DECISION: 10/01/2004

BEFORE: Montgomery S - Judicial Member APPLICATION: Home builder - cancellation of contractor licence - Home Building Act - home builder - cancellation of contractor licence MATTER FOR DECISION: Principal Matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Home Building Act 1989 Home Building Regulation 1997 Briginshaw v Briginshaw (1938) 60 CLR 336 Fhagenblat v Feingold Partners Pty Ltd (2001) VSC 454 CASES CITED: Furci & Ors -v- Director General, Department of Fair Trading [2003] NSWADT 53 Commissioner of Fair Trading v Harb & Anor [GD] [2004] NSWADTAP 17 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 APPLICANT REPRESENTATION: F Clark, Barrister RESPONDENT A Grey, Solicitor ORDERS: 1. The determinations of the Director-General, Department of Fair Trading in relation to the contractor licence held by Havenview Homes Pty Ltd, and the contractor licence held by Mr Patrick Furci are set aside; 2. I substitute for those determinations the decisions that the licences are to be reinstated subject to the conditions of the stay imposed on each of those licences by Judicial Member Higgins on 31 January 2003. Those conditions are to remain in place until 31 January 2005