Harb v Commissioner for Fair trading, Office of Fair Trading [2005] NSWADT 171

CITATION: Harb v Commissioner for Fair trading, Office of Fair Trading [2005] NSWADT 171 DIVISION: General Division APPLICANTS Peter Harb PARTIES: Steven Harb RESPONDENT Commissioner for Fair Trading, Office of Fair Trading FILE NUMBER: 043157 HEARING DATES: On the papers SUBMISSIONS CLOSED: 03/14/2005 DATE OF DECISION: 08/01/2005

BEFORE: Molony P - Judicial Member APPLICATION: Home builder - cancellation of contractor licence MATTER FOR DECISION: Principal matter LEGISLATION CITED : Home Building Act 1989 Home Building Regulation 1997 Commissioner of Fair Trading v Harb & Anor [GD] [2004] NSWADTAP 17 CASES CITED: Harb v Commissioner of Fair Trading [2003] NSWADT 185 Makita v Sprowles [2001] NSWCA 305 APPLICANTS REPRESENTATION: T Davie, counsel RESPONDENT A Wilson, solicitor ORDERS: 1. In Mr Peter Harb's case the Tribunal:; a. affirms the decision of the Commissioner to cancel Mr Peter Harb's contractor licence; b. sets aside the determination of the Commissioner to disqualify Mr Peter Harb from obtaining a contractor licence for 5 years and to impose a penalty of $4,000.00; and,; c. substitutes that determination with a decision that Mr Peter Harb be disqualified for a period of 3 years from 1 August 2005, 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; 2. In Mr Steven Harb's case, the Tribunal sets aside the determination of the Commissioner 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.