Leech v NSW Architects Registration Board [2007] NSWADT 30

Leech v NSW Architects Registration Board [2007] NSWADT 30

The Tribunal set aside the Board's finding because, applying the Briginshaw standard, the evidence did not establish that the Applicant made a new submission of plans contrary to an agreement with Council, that any agreement existed requiring amendment of the Development Application, or that he knowingly acted contrary to any actual or supposed agreement. The later material also did not provide a sufficient basis for an alternative finding of unsatisfactory professional conduct.

Jurisdiction
Australia
Judgment Date
05 February 2007
Procedural Posture
Application for Review of Disciplinary Finding by NSW Architects Registration Board / Administrative Decisions Tribunal Review of Reviewable Decision
Outcome
The Board's decisions that the Applicant was guilty of unsatisfactory professional conduct and should be reprimanded were set aside.
Legal Topics
['review of Disciplinary Finding' 'unsatisfactory Professional Conduct' 'architects Act 2003' 'onus and Standard of Proof in Disciplinary Proceedings' 'briginshaw Principle']
['administrative Law' 'professional Discipline' 'architects Regulation'] ['review of Disciplinary Finding' 'unsatisfactory Professional Conduct' 'architects Act 2003' 'onus and Standard of Proof in Disciplinary Proceedings' 'briginshaw Principle']

Case Brief

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Procedural Posture

Application for Review of Disciplinary Finding by NSW Architects Registration Board / Administrative Decisions Tribunal Review of Reviewable Decision

Legal Issues

  1. 1 ['Whether the Applicant submitted plans on 22 July and 5 August 2002 that did not accord with an agreement with Council officers.' 'Whether there was an agreement between the Applicant and Warringah Council that the Development Application should be amended in accordance with marked-up plans.' 'Whether the Applicant knowingly submitted plans in contravention of any actual or supposed agreement with Council.' 'Whether the material before the Tribunal otherwise supported a finding of unsatisfactory professional conduct.']

Ratio Decidendi

The Tribunal set aside the Board's finding because, applying the Briginshaw standard, the evidence did not establish that the Applicant made a new submission of plans contrary to an agreement with Council, that any agreement existed requiring amendment of the Development Application, or that he knowingly acted contrary to any actual or supposed agreement. The later material also did not provide a sufficient basis for an alternative finding of unsatisfactory professional conduct.

Court Disposition

The Board's decisions that the Applicant was guilty of unsatisfactory professional conduct and should be reprimanded were set aside.

Orders

  • ['The decisions of the Respondent, made on 20 February 2006, that the Applicant was guilty of unsatisfactory professional conduct and should be reprimanded are set aside.' 'Any application for costs by the Applicant is to be made, with supporting submissions, within 28 days of the date of this decision.' 'The...