Commissioner for Fair Trading v Peter Todd Garay & Ors [2009] NSWSC 1196

Commissioner for Fair Trading v Peter Todd Garay & Ors [2009] NSWSC 1196

The Court held that the first defendant, Mr Garay, was in wilful breach of court orders restraining him from contracting for, undertaking, or representing himself as able to perform residential building work while unlicensed. The evidence demonstrated beyond reasonable doubt that Mr Garay presented himself as the building contractor, negotiated and supervised works amounting to residential building work at multiple properties, with no material role played by licensed builders at the relevant points; thus, he was knowingly in breach of court orders on specific charges.

Jurisdiction
Australia
Judgment Date
10 November 2009
Procedural Posture
Contempt of Court / Post Hearing, Judgment
Outcome
First defendant found guilty of charges 2-4, 6-8, 10-12 in the first statement of charges. All other charges dismissed.
Legal Topics
['breach of Court Orders' 'licensing Requirements' 'home Building Act' 'representation as Licensed Builder']
['contempt of Court' 'building and Construction Law'] ['breach of Court Orders' 'licensing Requirements' 'home Building Act' 'representation as Licensed Builder']

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Procedural Posture

Contempt of Court / Post Hearing, Judgment

Legal Issues

  1. 1 ['Whether the first defendant breached court orders restraining him from residential building work or representation thereof.' 'Whether the acts of the first defendant amounted to holding out as a licensed builder or contracting for/undertaking residential building work.' "Whether 'advertising' includes private representations to individuals under the relevant order."]

Ratio Decidendi

The Court held that the first defendant, Mr Garay, was in wilful breach of court orders restraining him from contracting for, undertaking, or representing himself as able to perform residential building work while unlicensed. The evidence demonstrated beyond reasonable doubt that Mr Garay presented himself as the building contractor, negotiated and supervised works amounting to residential building work at multiple properties, with no material role played by licensed builders at the relevant points; thus, he was knowingly in breach of court orders on specific charges.

Court Disposition

First defendant found guilty of charges 2-4, 6-8, 10-12 in the first statement of charges. All other charges dismissed.

Orders

  • []