NSW Architects Registration Board v Goriaux [2010] NSWADT 21

CITATION: NSW Architects Registration Board v Goriaux [2010] NSWADT 21

DIVISION: General Division

APPLICANT NSW Architects Registration Board PARTIES: RESPONDENT Philippe Goriaux

FILE NUMBER: 093203

HEARING DATES: 20 November 2009

SUBMISSIONS CLOSED: 20 November 2009

DATE OF DECISION: 22 January 2010

BEFORE: Chesterman M - Deputy President; O'Carrigan P - Non-Judicial Member; Watts P - Non-Judicial Member

CATCHWORDS: Disciplinary application – Architects Act 2003 – nominated architect – forged development consent created by architect's company – fees improperly recovered from clients

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Architects Act 2003

CASES CITED: Briginshaw v Briginshaw (1936) 60 CLR 336 Gianoutsos v Glykis [2006] NSWCCA 137

APPLICANT P Griffin, barrister REPRESENTATION: RESPONDENT No appearance

1. The Respondent is not permitted to apply for re-registration as an architect under the Architects Act 2003 within the period of two years following the date of this decision ORDERS: 2. When making any such application for re-registration, the Respondent must provide to the Applicant an explanation of the following matters: (a) the action, if any, that he took to investigate the allegations made about the behaviour of Insite Architecture & Design (Newcastle) Pty Ltd contained in the letter dated 8 February 2008 from Mr John Lakos, of Lakos & Company Lawyers, to Mr Sean Lander, once he had received a copy of that letter; (b) the action, if any, that he took to make appropriate reimbursement to Mr Stephen Dammerer and Ms Tanya Dammerer; and (c) if he did act in either of these ways, the reasons why he did not advise the Applicant accordingly once he had received a copy of the complaint made against him by Mr and Ms Dammerer 3. The Respondent is to pay the Applicant's costs, as agreed or as assessed under the Legal Profession Act 2004.