Murrant v Building Professionals Board [2019] NSWCATOD 130

Murrant v Building Professionals Board [2019] NSWCATOD 130

Mr Murrant's admitted breaches in issuing a construction certificate before statutory preconditions were met, accepting appointment as PCA by a non-owner, and self-nomination on the application form, constituted unsatisfactory professional conduct falling within Category D (moderate infringements) of the Board's Guidelines. While there was no evidence of dishonesty, his conduct demonstrated a lack of diligence and care expected of an accredited certifier. Affirming the reprimand and imposing a $10,000 fine was appropriate, having regard to the seriousness, absence of prior NSW disciplinary history, and deterrence objectives.

Parties
Applicant: Glenn Murrant; Respondent: Building Professionals Board
Jurisdiction
Australia
Judgment Date
22 August 2019
Procedural Posture
Administrative Review / Tribunal Decision on Review
Outcome
Decision of Board affirmed; reprimand and fine imposed
Legal Topics
Accredited Certifier Discipline, Unsatisfactory Professional Conduct, Administrative Review of Disciplinary Decisions, Building Professionals Act 2005 Penalties
Administrative Law Building and Construction Law Professional Discipline Accredited Certifier Discipline Unsatisfactory Professional Conduct Administrative Review of Disciplinary Decisions Building Professionals Act 2005 Penalties

Case Brief

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Parties

Glenn Murrant

Applicant

Building Professionals Board

Respondent

Procedural Posture

Administrative Review / Tribunal Decision on Review

Legal Issues

  1. 1 Whether the fine imposed on Mr Murrant by the Building Professionals Board was excessive in light of findings of unsatisfactory professional conduct
  2. 2 Whether the decision to reprimand Mr Murrant should be affirmed

Ratio Decidendi

Mr Murrant's admitted breaches in issuing a construction certificate before statutory preconditions were met, accepting appointment as PCA by a non-owner, and self-nomination on the application form, constituted unsatisfactory professional conduct falling within Category D (moderate infringements) of the Board's Guidelines. While there was no evidence of dishonesty, his conduct demonstrated a lack of diligence and care expected of an accredited certifier. Affirming the reprimand and imposing a $10,000 fine was appropriate, having regard to the seriousness, absence of prior NSW disciplinary history, and deterrence objectives.

Court Disposition

Decision of Board affirmed; reprimand and fine imposed

Orders

  • The decision of the Board to reprimand Mr Glenn Murrant and to impose a fine in the amount of $10,000.00 is affirmed.
  • Mr Murrant is to pay to the Board the fine within 28 days from the date of this decision.