Da Silva v Building Professionals Board [2019] NSWCATOD 177

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Da Silva v Building Professionals Board [2019] NSWCATOD 177 Hearing dates: 24 May 2019 Date of orders: 22 November 2019 Decision date: 22 November 2019 Jurisdiction: Occupational Division Before: K Ransome, Senior Member P O'Carrigan, Senior Member Decision: (1) The decision of the respondent is affirmed. (2) The applicant is to pay to the Board the sum of $25,000 within 60 days. Catchwords: ADMINISTRATIVE REVIEW – accredited certifier – whether construction certificate plans inconsistent with development consent – whether development consent authorised variations – finding of unsatisfactory professional conduct – appropriate penalty Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Building Professionals Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) Cases Cited: Building Professionals Board v Cogo [2008] NSWADT 119 Burwood Council v Ralan Burwood Pty Ltd (No 3) [2014] NSWCA 404 Director General, Department of Fair Trading v Cohen [2003] NSWFTT 3 Lesnewski v Mosman Municipal Council [2004] NSWLEC 99 Levick v Building Professionals Board [2018] NSWCATOD 125 Moy v Warringah Council [2004] NSWCCA 77 Qiu v Building Professionals Board [2013] NSWADT 289 Category: Principal judgment Parties: Orlando Da Silva (Applicant) Building Professionals Board (Respondent) Representation: Applicant (Self Represented) M Fozzard (NSW Fair Trading) (Respondent) File Number(s): 2019/00002578