Bennett v Building Professionals Board (No 2) [2011] NSWADT 238

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Bennett v Building Professionals Board (No 2) [2011] NSWADT 238 Hearing dates: 18 July 2011 Decision date: 12 October 2011 Jurisdiction: General Division Before: M Chesterman, Deputy President P Friedmann, Non-judicial Member Decision: 1. The Respondent's decision of 22 April 2010, to the effect that the Applicant engaged in unsatisfactory professional conduct and should on that account be reprimanded, is set aside. 2. The complaint described as 'Additional Matter No. 1' in this decision of the Respondent is dismissed. 3. Any application for a costs order in these proceedings must be filed and served, with supporting submissions and particulars of the amount claimed, within 28 days of the date of this decision. The opposing party or parties must file and serve submissions in reply within a further 28 days. Unless reasons are advanced for a hearing to be conducted, the matter will be resolved 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997. Catchwords: Accredited certifier - unsatisfactory professional conduct - interpretation of development consent Legislation Cited: Administrative Decisions Tribunal Act 1997 Building Professionals Act 2005 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Cases Cited: Baulkham Hills Shire Council v Dix (2004) 136 LGERA 149 Baulkham Hills Shire Council v Ko-veda Holiday Park Estate Pty Ltd [2008] NSWLEC 181 Bennett v Building Professionals Board [2011] NSWADT 111 Detala Pty Ltd v Byron Shire Council (2002) 133 LGERA 1 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Ryde Municipal Council v Royal Ryde Homes (1970) 19 LGRA 321 Category: Principal judgment Parties: Brendan Bennett (Applicant) Building Professionals Board (Respondent) File Number(s): 113053