Mawbey v Commissioner for Fair Trading [2018] NSWCATOD 141

Mawbey v Commissioner for Fair Trading [2018] NSWCATOD 141

The Tribunal found that the pump shed was constructed for use in conjunction with the dwelling because it housed a pump used only to water the dwelling's gardens, so the applicant's electrical work was residential building work requiring a written contract. The Tribunal accepted evidence from Essential Energy, Mr Lord and Jock Weir, rejected key parts of the applicant's account as untruthful, and found that the applicant effected reverse polarity at the pump shed and did not carry out the testing he claimed. Those findings established improper conduct under s 51(1)(a), s 51(1)(b) and s 51(1)(d) of the Home Building Act 1989. Because the conduct was serious, potentially dangerous, involved...

Jurisdiction
Australia
Judgment Date
22 August 2018
Procedural Posture
Administrative Review of Home Building Disciplinary Decision / Review of Commissioner for Fair Trading Decision
Outcome
The finding of improper conduct was affirmed and the disciplinary action was varied to disqualify the applicant from holding any contractor licence or authority under the Home Building Act 1989 until 1 January 2019.
Legal Topics
['improper Conduct' 'residential Building Work' 'written Contract Requirement' 'mandatory Electrical Testing' 'reverse Polarity' 'fit and Proper Person' 'disqualification From Holding Home Building Act Licence or Authority']
['administrative Law' 'home Building' 'occupational Licensing' 'disciplinary Proceedings' 'electrical Safety'] ['improper Conduct' 'residential Building Work' 'written Contract Requirement' 'mandatory Electrical Testing' 'reverse Polarity' 'fit and Proper Person' 'disqualification From Holding Home Building Act Licence or Authority']

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Procedural Posture

Administrative Review of Home Building Disciplinary Decision / Review of Commissioner for Fair Trading Decision

Legal Issues

  1. 1 ['Whether the electrical work on the pump shed was residential building work requiring a written contract under the Home Building Act 1989.' 'Whether the applicant effected a reverse polarity at the pump shed and failed to carry out mandatory testing of the electrical work.' 'Whether the applicant was guilty of improper conduct under s 51 of the Home Building Act 1989.' 'Whether the applicant was a fit and proper person to hold a contractor licence or authority under the Home Building Act 1989.' 'What disciplinary action should be imposed.']

Ratio Decidendi

The Tribunal found that the pump shed was constructed for use in conjunction with the dwelling because it housed a pump used only to water the dwelling's gardens, so the applicant's electrical work was residential building work requiring a written contract. The Tribunal accepted evidence from Essential Energy, Mr Lord and Jock Weir, rejected key parts of the applicant's account as untruthful, and found that the applicant effected reverse polarity at the pump shed and did not carry out the testing he claimed. Those findings established improper conduct under s 51(1)(a), s 51(1)(b) and s 51(1)(d) of the Home Building Act 1989. Because the conduct was serious, potentially dangerous, involved...

Court Disposition

The finding of improper conduct was affirmed and the disciplinary action was varied to disqualify the applicant from holding any contractor licence or authority under the Home Building Act 1989 until 1 January 2019.

Orders

  • ['The decision that the applicant is guilty of improper conduct is affirmed.' 'The decision to take disciplinary action against the applicant is varied so that the applicant is disqualified from holding any contractor licence or authority under the Home Building Act 1989 until 1 January 2019.']