Ferguson v Department of Fair Trading [2017] NSWCATOD 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ferguson v Department of Fair Trading [2017] NSWCATOD 144 Hearing dates: 23 August 2017 Date of orders: 16 October 2017 Decision date: 16 October 2017 Jurisdiction: Occupational Division Before: A Scahill, Senior Member Decision: (1) The Tribunal affirms the Respondent's decision that Mrs Ferguson is guilty of improper conduct.

(2) The Tribunal orders that the Respondent's decision to impose a penalty of $3000 on Mrs Ferguson be varied to dispense with the imposition of a penalty of $3000 on Mrs Ferguson.

(3) The new decision is that Mrs Ferguson is disqualified from being an officer of a corporation that is the holder of an authority for a period of 3 years from the date of this decision. Catchwords: Alleged improper conduct, officer of a corporation, disciplinary action, appropriate penalty Legislation Cited: Administrative Decisions Review Act 1997 Evidence Act 1995 Home Building Act 1989 Cases Cited: Calcaro v Chief Commissioner of State Revenue [2004] NSWADT 158 Clyne v NSW Bar Association [1960 HCA 40]; (1960) 104 CLR 186 Director-General, Department of Fair Trading and Gary Samuel Leonard Cohen [2000] NSWFTT 3 Director-General v Festa and Maintenance Exteriors Pty Ltd [2000] NSWFTT 18 Harb & Anor v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 175 Khan v Roads and Maritime Services [2014] NSWCATOD 23 Lal v Director-General, Department of Transport [2001] NSWADT 74, Lotus Constructions Pty Limited v Director-General Department of Finance and Service NSW Fair Trading [2013] NSWADT 260 Ng & Anor v Commissioner for Fair Trading, NSW Office of Fair Trading & Anor (2007) NSWADT 259 Pilipczyk & anor v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 85 Saboune v Department of Finance and Services [2013] NSWADT 71 Younan v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 170 Category: Principal judgment Parties: Amber Ferguson (Applicant) Department of Fair Trading (Respondent) Representation: Self-represented (Applicant) Ms Jenkins (Respondent) File Number(s): 2017/00122396