Leech v NSW Architects Registration Board [2007] NSWADT 30

CITATION: Leech v NSW Architects Registration Board [2007] NSWADT 30

DIVISION: General Division

APPLICANT PARTIES: Denis Leech RESPONDENT NSW Architects Registration Board

FILE NUMBER: 063254

HEARING DATES: 17/10/2006

SUBMISSIONS CLOSED: 17 October 2006

DATE OF DECISION: 5 February 2007

BEFORE: Chesterman M - ADCJ (Deputy President); O'Carrigan P - Non Judicial Member; Watts P - Non Judicial Member

CATCHWORDS: Architect - review of disciplinary finding - Architects Act - Architect - review of disciplinary finding

MATTER FOR DECISION: Principal matter

Administrative Decisions Tribunal (General) Regulation 2004 Administrative Decisions Tribunal (Interim) Rules 1998 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Architects Act 2003 Architects Regulation 2004

CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 Doyle v Registrar, NSW Architects Registration Board [2006] NSWADT 154

APPLICANT M Ashurst, barrister REPRESENTATION: RESPONDENT P Griffin, barrister

ORDERS: 1. The decisions of the Respondent, made on 20 February 2006, that the Applicant was guilty of unsatisfactory professional conduct and should be reprimanded are set aside; 2. Any application for costs by the Applicant is to be made, with supporting submissions, within 28 days of the date of this decision. The Respondent will have a further 28 days in which to file and serve its submissions. The Applicant must file and serve any submissions in reply within a further 7 days. The matter will be decided 'on the papers', subject to the right of either party to apply, with supporting submissions, for a hearing