Ultra Construction Pty Ltd v Commissioner for NSW Fair Trading [2014] NSWCATOD 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ultra Construction Pty Ltd v Commissioner for NSW Fair Trading [2014] NSWCATOD 76 Hearing dates: 26 November and 23rd December 2013 Decision date: 18 July 2014 Jurisdiction: Occupational Division Before: A Scahill, Senior Member Decision: 1. In matter number 133240 the tribunal finds that Ultra Construction Pty Ltd is guilty of improper conduct and is subject to a monetary penalty of $2,500; 2. In matter number 133241 the tribunal finds that Mr Abousleiman is guilty of improper conduct and is subject to a monetary penalty of $1000. 3. In matter number 133242 the tribunal finds that Ms Farag is guilty of improper conduct and is subject to a monetary penalty of $1000. The tribunal understands that the original penalties have already been paid. Legislation Cited: Administrative Decisions Tribunal Act 1997 Home Building Act 1989 Home Building Regulation 2004 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Calcaro v Chief Commissioner of State Revenue [2004] NSWADT 158 Clyne v NSW Bar Association [1960] HCA 40; (1960) 104 CLR 186 at 201 Director General, Department of Fair Trading v Cohen [2000] NSWFTT 3 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Giann v Department of Finance and Services (Commissioner for Fair Trading) [2013] NSWADT 129 Harb v Commissioner for Fair trading, Office of Fair Trading [2005] NSWADT 171 Harb [2007] NSWADT 175 Ng v Commissioner of Fair Trading [2007[ NSWADT 259 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 Shorten v David Hurst Constructions Pty Ltd [2008] NSWCA 134 Saboune v Department of Finance and Services [2013] NSWADT 71 TQM Design and Construct Pty Ltd v Department of Services Technology & Administration [2011] NSWADT 144 TQM Design and Construct Pty Ltd v Department of Finance and Services [2013] NSWADT 249 Category: Principal judgment Parties: Ultra Construction Pty Ltd, (Applicants) Commissioner for NSW Fair Trading (Respondent) Representation: Counsel Mr Young (Applicant) G & S Law Group (Applicant) B Bourke, Commissioner for NSW Fair Trading (Respondent) File Number(s): 133240,133241, 133242