Champion Homes Sales Pty Ltd v Commissioner for Fair Trading [2018] NSWCATAP 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Champion Homes Sales Pty Ltd v Commissioner for Fair Trading [2018] NSWCATAP 18 Hearing dates: 09 October 2017 Date of orders: 15 January 2018 Decision date: 15 January 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member K Rosser, Principal Member Decision: The appeal is dismissed. Catchwords: Disciplinary proceedings - "parity principle", meaning and applicability, different penalties for licensed contractor company, directors and supervisor.

Discretion - error of law, circumstances in which Appeal Panel can intervene. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Home Building Act, 1989 Cases Cited: Champion Homes Sales Pty Ltd v Commissioner for Fair Trading, Offers of Finance, Service and Innovation [2017] NSWCATAP 15 Clyne v NSW Bar Association [1960] HCA 40; (1960) 140 CLR 186 House v R [1936] HCA 40; (1936) 55 CLR 499 Lowe v R [1984] HCA 46; (1984) 154 CLR 606 Pastrovic & Co Pty Limited v Department of Services, Technology and Administration [2012] NSWADT 177 Pobjie v Commissioner for Fair Trading, NSW Office of Fair Trading (No 2) [2008] NSWADT 39 Postiglione v R [1997] HCA 26; (1997) 189 CLR 295 Texts Cited: Australian Legal Dictionary Category: Principal judgment Parties: Champion Homes Sales Pty Ltd (Appellant) Commissioner for Fair Trading (Respondent) Representation: Counsel: C Stomo (Appellant) N Case (Respondent)