TQM Design and Construct Pty Ltd v Department of Finance and Services [2013] NSWADT 249

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: TQM Design and Construct Pty Ltd v Department of Finance and Services [2013] NSWADT 249 Hearing dates: 14 May 2013 Decision date: 05 November 2013 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: The Tribunal affirms the decision that TQM is guilty of improper conduct, but sets aside the decision requiring it to pay a penalty of $15,000 and in lieu thereof require it to pay a penalty of $5,000. Catchwords: Home building - disciplinary action - breach of statutory warranty - improper conduct - penalty Legislation Cited: Administrative Decision Tribunal Act 1997 Building and Construction Industry Security of Payment Act 1999 Environmental Planning and Assessment Act 1979 Home Building Act 1989 Home Building Regulation 2004 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Shorten v David Hurst Constructions Pty Ltd [2008] NSWCA 134 Turner Corporation Limited (Receiver and Manager Appointed) v Austotel Pty Ltd [1994] 13 BCL 378 Ng v Commissioner of Fair Trading [2007[ NSWADT 259 Giann v Department of Finance and Services (Commissioner for Fair Trading) [2013] NSWADT 129 Saboune v Department of Finance and Services [2013] NSWADT 71 Pastrovic & Co Pty Limited v Department of Services Technology and Administration [2012] NSWADT 17 Pilipczyk & anor v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 85, TQM Design and Construct Pty Ltd v Department of Services Technology & Administration [2011] NSWADT 144 Category: Principal judgment Parties: TQM Design and Construct Pty Ltd (Applicant) Department of Finance and Services (Respondent) Representation: M Taouk, (Applicant Agent) J Coss, Legal Officer (Respondent) File Number(s): 133032