NSW Architects Registration Board v Cserhalmi [2006] NSWADT 110

CITATION: NSW Architects Registration Board v Cserhalmi [2006] NSWADT 110

DIVISION: General Division

APPLICANT PARTIES: NSW Architects Registration Board RESPONDENT Otto Cserhalmi

FILE NUMBER: 053399

HEARING DATES: 14/02/06

SUBMISSIONS CLOSED: 03/29/2006

DATE OF DECISION: 04/13/2006

BEFORE: Chesterman M - ADCJ (Deputy President)

CATCHWORDS: Jurisdiction

MATTER FOR DECISION: Principal matter

Administrative Decisions Tribunal Act 1997 Architects Regulation 2004 LEGISLATION CITED : Interpretation Act 1987 Legal Profession Act 1987 Legal Profession Act 2004

Barwick v Law Society of New South Wales [2000] HCA 2 Briginshaw v Briginshaw (1938) 60 CLR 336 CASES CITED: Mitry v Council of the New South Wales Bar Association [2001] NSWCA 273 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Tasker v Fullwood [1978] 1 NSWLR 20

APPLICANT P Griffin, barrister REPRESENTATION: RESPONDENT J Griffiths, SC

ORDERS: 1. The Respondent's objection to jurisdiction is upheld; 2. The Application for a disciplinary finding against the Respondent is dismissed; 3. The Respondent is to file and serve any submissions in support of its application for costs within 28 days of the date of this decision. The Applicant will have a further 28 days in which to file and serve its submissions. The Respondent 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.