Steve Parrott Pty Ltd v Fire Protection Association Australia [2016] NSWSC 1393

Supreme Court New South Wales

Medium Neutral Citation: Steve Parrott Pty Ltd v Fire Protection Association Australia [2016] NSWSC 1393 Hearing dates: 7, 8, 9 December 2015 Decision date: 30 September 2016 Jurisdiction: Common Law Before: McCallum J Decision: Proceedings dismissed Catchwords: CONTRACT – voluntary professional association – terms governing corporate membership of association – terms governing relationship with persons accredited by the association as bushfire consultants – where association received complaint regarding services provided by accredited person – consideration of content of association's obligation to afford procedural fairness during investigation of complaint – where corporate member and accredited person refused to produce documents pending provision of particulars of matters under investigation – whether refusal amounted to repudiatory breach of contract with association – suspension and termination of membership and accreditation – whether validly terminated

CONSUMER LAW – where voluntary professional association represented that the board had determined to suspend a company's membership and a practitioner's accreditation – where board had not in fact met for that purpose – whether association engaged in misleading or deceptive conduct Legislation Cited: Australian Consumer Law, s 236 Corporations Act 2001 (Cth), s 140 Environmental Planning and Assessment Act 1979 (NSW), s 79BA(1)(b) Rural Fires Act 1997 (NSW) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, regulation 3.36B Cases Cited: DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423; [1978] HCA 12 Shepherd v Felt and Textiles of Australia Ltd (1931) 45 CLR 359 Category: Principal judgment Parties: Steve Parrott Pty Ltd (first plaintiff) Steve Parrott (second plaintiff) Fire Protection Association Australia (defendant) Representation: Counsel: A Fernon (plaintiffs) TGR Parker SC, R Yezerski (defendant)