Furci & Ors -v- Director General, Department of Fair Trading [2003] NSWADT 53

CITATION: Furci & Ors -v- Director General, Department of Fair Trading [2003] NSWADT 53 DIVISION: General Division APPLICANT Patrick Jospeh Furci PARTIES: Patrick Joseph Furci & Mary Furci Partnership Haven Homes Pty Ltd RESPONDENT Director General, Department of Fair Trading FILE NUMBER: 033021; 033022; 033023 HEARING DATES: 31 January 2003 SUBMISSIONS CLOSED: 01/31/2003 DATE OF DECISION: 03/18/2003

BEFORE: Higgins S - Judicial Member APPLICATION: Jurisdiction - Stay of proceedings MATTER FOR DECISION: Preliminary matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Home Building Act 1989 Pinnacle Homes (Sydney) Pty Limited v Director-General, Department of Fair Trading [2001] NSWADT 222 CASES CITED: Dekanic (1982) 6 ALD Williamson v Director-General, Department of Transport [2000] NSWADT 165 APPLICANT REPRESENTATION: T Liondo, solicitor RESPONDENT F Campora, solicitor ORDERS: Orders made on 31 January 2003 ; 1. Application for review by the Patrick Joseph Furci and Mary Furci partnership (File No. 033022) is dismissed - The Tribunal has no jurisdiction to hear the application; 2. Application of Patrick Joseph Furci (File No. 033021) for a stay be granted on the condition that the applicant does not engage in any conduct in respect of entering into a contract for the purpose of undertaking residential building work under the Home Building Act 1989; 3. Application of Home View Homes Pty Ltd (File No. 033023) for a stay be granted subject to:; a) the applicant providing the respondent with proof of its current insurance cover under the Home Building Act 1989 and the respondent advising the applicant that it is satisfied that the cover complies with the requirements of the Act;; AND if the above is satisfied, the stay is granted subject to the following condition; b) the applicant is restricted to entering into one contract at a time in respect of the one dwelling.