Freixas v Building Professionals Board (No 1) [2020] NSWCATOD 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Freixas v Building Professionals Board (No 1) [2020] NSWCATOD 27 Hearing dates: 2, 3 and 4 March 2020 Date of orders: 20 March 2020 Decision date: 20 March 2020 Jurisdiction: Occupational Division Before: G Blake AM SC, Senior Member N Halstead, General Member Decision: (1) The applicant is guilty of unsatisfactory professional conduct within s 19(1)(a), (d) and (g) of the Building Professionals Act 2005 (NSW). (2) The applicant is to file and serve within 14 days any further evidence, and submissions including whether an order should be made dispensing with a hearing, on the action to be taken against him. (3) The respondent is to file and serve within 14 days thereafter any further evidence, and submissions including whether an order should be made dispensing with a hearing, on the action to be taken against the applicant. (4) The applicant is to file and serve within 7 days thereafter any further evidence in reply, and submissions in reply, on the action to be taken against him. Catchwords: PROFESSIONAL DISCIPLINE – review of decision of Building Professionals Board to discipline an accredited certifier – unsatisfactory professional conduct 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) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW) Cases Cited: Burwood Council v Ralan Burwood Pty Ltd (No 3) [2014] NSWCA 404 Dix v Building Professionals Board [2011] NSWSC 926 Hornsby Shire Council v Trives (No 3) [2015] NSWLEC 190 Lake Macquarie City Council v Australian Native Landscapes Pty Ltd (No 2) [2015] NSWLEC 114 Staldone Corporation Pty Ltd v Lane Cove Council [2016] NSWLEC 1261 Category: Principal judgment Parties: Maurice Freixas (Applicant) Building Professionals Board (Respondent) Representation: Counsel: P Tomasetti SC and J Mack (Applicant) M Fozzard (Respondent)