NSW Caselaw
CITATION: Building Professionals Board v Cohen (No. 2) [2010] NSWADT 266
DIVISION: General Division
APPLICANT Building Professionals Board PARTIES: RESPONDENT Bernard Cohen
FILE NUMBER: 073165, 073166
HEARING DATES: 22 June 2010, 21 July 2010
SUBMISSIONS CLOSED: 6 September 2010
DATE OF DECISION: 8 November 2010
BEFORE: O'Connor K - DCJ (President); O'Carrigan P - Non-Judicial Member
CATCHWORDS: Accredited Certifier - Disciplinary Order - Cancellation of Accreditation
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Administrative Decisions Tribunal Rules 1998 Building Professionals Act 2005 Environmental Planning and Assessment Act 1979
O'Malley v Director of the Building Professionals Board, Department of Planning (GD) [2006] NSWADTAP 52 CASES CITED: Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Stanoevski v Council of the Law Society of NSW [2008] NSWCA 93
APPLICANT A Grey, solicitor, Building Professionals Board REPRESENTATION: RESPONDENT B DeBuse, counsel / Marsdens Law Group
1. The respondent's certificate of accreditation is cancelled. ORDERS: 2. The respondent can not re-apply for a certificate of accreditation for two years. 3. The respondent is disqualified from being an accredited certifier director of, or being otherwise involved in the management of, an accredited body corporate for five years. 4. The respondent pay a fine of $12,000.
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