NSW Caselaw
CITATION: O'Brien v Building Professionals Board (No 2) [2010] NSWADT 250
DIVISION: General Division
APPLICANT Russell O'Brien PARTIES: RESPONDENT Building Professionals Board
FILE NUMBER: 083129
HEARING DATES: 26, 27 & 28 August 2009
SUBMISSIONS CLOSED: 17 March 2010
DATE OF DECISION: 20 October 2010
BEFORE: Hennessy N - Magistrate (Deputy President); Hayward P - Non-Judicial Member
CATCHWORDS: Unsatisfactory professional conduct - accredited certifier – conduct occurring in connection with the exercise of an accredited certifier's functions as a certifying authority
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Building Professionals Act 2005 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 1994
O'Brien v Building Professionals Board [2009] NSWADT 189 CASES CITED: Northern Residential Proprietary Ltd v Newcastle City Council [2009] NSWCA 141 McRae v Coulton (1986) 7 NSWLR 645
TEXTS CITED: Judicial Review of Administrative Action, 4th ed Lawbook Co 2009, Aronson et al
APPLICANT G McNally SC REPRESENTATION: RESPONDENT T Robertson SC
ORDERS: 1. The decision of the Building Professionals Board that Mr O'Brien is guilty of unsatisfactory professional conduct is set aside 2. The action taken by the Building Professionals Board to reprimand Mr O'Brien and fine him $11,000 is set aside.
REASONS FOR DECISION
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