NSW Caselaw
CITATION: Harb & Anor v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 175
DIVISION: General Division
FIRST APPLICANT Peter Harb PARTIES: SECOND APPLICANT Steven Harb RESPONDENT Commissioner for Fair Trading, NSW Office of Fair Trading
FILE NUMBER: 063422 and 063423
HEARING DATES: 24 & 25 July 2007
SUBMISSIONS CLOSED: 25 July 2007
DATE OF DECISION: 3 August 2007
BEFORE: Handley R - Acting Deputy President
CATCHWORDS: Home Builder - improper conduct - Home Building Act - home builder - improper conduct
MATTER FOR DECISION: Principal matter
LEGISLATION CITED : Home Building Act 1989
Building Services Corporation v McIlveen (Commercial Tribunal of NSW, unreported, 18 February 1997) Commissioner of Fair Trading v Harb & Anor [GD] [2004] NSWADTAP 17 CASES CITED: Director-General, Department of Fair Trading v Cohen [2000] NSWFTT 3 Harb v Commissioner for Fair Trading, Office of Fair Trading [2005] NSWADT 171 Harb v Commissioner of Fair Trading [2003] NSWADT 185
APPLICANTS E Olsson, Senior Counsel REPRESENTATION: RESPONDENT V Griswold, solicitor
ORDERS: The decisions of the Commissioner dated 15 November 2006 are set aside and, in substitution thereof, both Steven Harb and Peter Harb are to be issued with a reprimand in respect of their improper conduct in relation to construction work at 15 Stuart Street, Blakehurst, and, in addition, a penalty of $2,000 is imposed on Peter Harb, payable to the Commissioner within two months of the date of this decision.
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