Champion Homes Sales Pty Ltd v Commissioner for Fair Trading, Office of Finance, Services and Innovation [2017] NSWCATAP 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Champion Homes Sales Pty Ltd v Commissioner for Fair Trading, Office of Finance, Services and Innovation [2017] NSWCATAP 15 Hearing dates: 7 September 2016 Date of orders: 25 January 2017 Decision date: 25 January 2017 Jurisdiction: Appeal Panel Before: L P Robberds QC Senior Member L Pearson Principal Member Decision: (1) Leave is granted to the Appellant to amend the notice of appeal to add the following ground of appeal: The Tribunal Member failed to give proper reasons for his decision that "in relation to the Appellant the decision is set aside and in its place the decision made to caution the Appellant in regard to the failure to construct in accordance with the contract." (2) The notice of appeal will be treated as if that amendment has been made. (3) The appeal is allowed. (4) The proceedings are remitted to the Tribunal as originally constituted for the appropriate disciplinary action (if any) to be determined in accordance with these reasons. Catchwords: Appellant company holder of contractor licence under Home Building Act 1989 – disciplinary action by an acting director, Department of Finance Service and Innovation against appellant and four office bearers for breach of statutory warranty under s18 (B) (1) (a) of the Act – appellant required to pay a penalty of $3,500 – appellant and office bearers lodged applications for administrative review of decisions – orders that determinations against office bearers set aside and decisions made that no action be taken – order that determination against appellant be set aside but appellant cautioned – appeal by appellant – failure by Tribunal to give reasons why the appellant should be cautioned Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Stoker v Adecco Gemvale Constructions Pty Ltd [2004] NSWCA 449 Tesco Supermarkets Limited v Nattrass [1972] AC 153 Category: Principal judgment Parties: Champion Homes Sales Pty Ltd (Appellant) Commissioner for Fair Trading, Office of Finance, Services and Innovation (Respondent) Representation: Solicitors: Kedron Legal (Appellant) Fair Trading Legal Services (Respondent) File Number(s): AP 16/30267 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Occupational Division Date of Decision: 20 April 2016 Before: S Montgomery Senior Member File Number(s): 1620019