Dix v Building Professionals Board [2011] NSWSC 926

Supreme Court New South Wales

Medium Neutral Citation: Dix v Building Professionals Board [2011] NSWSC 926 Hearing dates: 15 August 2011 Decision date: 15 August 2011 Jurisdiction: Common Law Before: Adams J Decision: 1. The orders of the Board are void. 2. The decision as to the plaintiff's guilt of professional misconduct is quashed. 3. The matter is remitted to the Board to be determined according to law. 4. If the Board considers that the interests of fairness so dictate it may allow the plaintiff to make further submissions on its findings of fact in relation to the complaints. 5. The defendant is to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW - Building Professionals Board - investigator appointed to investigate complaints against certifier - finding by Board of professional misconduct on part of certifier based on investigator's report - investigator did not seek response from certifier concerning material allegations contained in report - Board did not afford certifier reasonable opportunity to be heard on whether conduct constituted unsatisfactory professional conduct or professional misconduct or the appropriate disciplinary orders - denial of procedural fairness. Legislation Cited: Administrative Decisions Tribunal Act 1997 Building Professionals Act 2005 Category: Interlocutory applications Parties: Lyall Ernest Dix (Plaintiff) Building Professionals Board (Defendant) Representation: Counsel R. De Meyrick (Plaintiff) J. Clark (Defendant) Solicitors Lovegrove Solicitors (Plaintiff) Crown Solicitor (Defendant) File Number(s): 2011/262859