Fitzgerald v Building Professionals Board (No 2, Disciplinary Order) [2014] NSWCATOD 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fitzgerald v Building Professionals Board (No 2, Disciplinary Order) [2014] NSWCATOD 51 Hearing dates: 12 March 2014 Decision date: 08 May 2014 Jurisdiction: Occupational Division Before: Acting Judge K. P. O'Connor AM, Deputy President Mr Philip Hayward, Senior Member Decision: The Board's disciplinary orders 1, 3 and 4 are affirmed. The Board's order no 2 is varied from a fine of $36,000 to a fine of $25,000. Catchwords: PROFESSIONAL DISCIPLINE - accredited certifier - review of decision of the Building Professionals Board - review of disciplinary orders further to review of the findings of professional misconduct and unsatisfactory professional conduct by the Board - disciplinary orders varied as to amount of fine. Legislation Cited: Building Professionals Act 2005 Cases Cited: Building Professionals Board v Cohen (No 2) [2010] NSWADT 266 Building Professionals Board v Johnson [2008] NSWADT 60 Director General, Department of Fair Trading v Cohen [2000] NSWFTT 3 Fitzgerald v Building Professionals Board [2013] NSWADT 299 Minister for Infrastructure and Planning v Conway (No 3) [2004] NSWADT 290 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qiu v Building Professionals Board [2013] NSWADT 289 Category: Principal judgment Parties: Paul Fitzgerald (Applicant) Building Professionals Board (Respondent) Representation: Mr A Gough, Storey and Gough Lawyers (Applicant) Mr A Grey, Legal Officer, Building Professionals Board (Respondent) File Number(s): 133146