Fitzgerald v Building Professionals Board [2013] NSWADT 299

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Fitzgerald v Building Professionals Board [2013] NSWADT 299 Hearing dates: 8, 9 and 28 August 2013 Decision date: 24 December 2013 Before: Judge K P O'Connor, President P Hayward, Non-judicial Member Decision: 1. The Board's finding that the applicant engaged in professional misconduct in relation to his issuance of a construction certificate for the development the subject of Complaint No 01/12 (Waverton) is affirmed. 2. The Board's finding that the applicant engaged in unsatisfactory professional conduct in relation to the developments the subject of complaints Complaint No 16/12 (Bexley) and Complaint No 21/12 (Mosman) is affirmed. The finding in respect of Complaint No 116/11 (Chatswood) is set aside. 3. The Registrar is to fix a date for directions to be given in relation to hearing of the parties' submissions in relation to the Board's disciplinary order. Catchwords: PROFESSIONAL DISCIPLINE - accredited certifier - application for review of disciplinary decision - initial hearing confined to review of the disciplinary findings - Board findings of professional misconduct with respect to one project, affirmed with one qualification; Board findings of unsatisfactory professional conduct in respect of other three projects - set aside in respect of one project, otherwise affirmed. Further hearing to be held in relation to the disciplinary orders. 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: Briginshaw v Briginshaw (1938) 60 CLR 336 Donaghy v The Council of The Law Society of New South Wales [2013] NSWCA 154 Lesnewski v Mosman Municipal Council & Anor [2004] NSWLEC 99 MM & SW Enterprises Pty Ltd v Strathfield Council [2010] NSWLEC 8 Moy v Warringah Council [2004] NSWCCA 77 Qiu v Building Professionals Board [2013] NSWADT 289 Category: Principal judgment Parties: Paul Fitzgerald (Applicant) Building Professionals Board (Respondent) Representation: Counsel T G Howard SC (Applicant) A Gough, Storey and Gough Lawyers (Applicant) A Grey, Building Professionals Board (Respondent) File Number(s): 133146