Lindfield v Commissioner for Fair Trading [2005] NSWADT 32

Lindfield v Commissioner for Fair Trading [2005] NSWADT 32

Mr Lindfield was found guilty of improper conduct under s.51(2)(c) of the Home Building Act 1989 because he failed to comply with a Tribunal order to pay Mrs Barnett, despite the absence of a formal stay or appeal. Further, he was found not a fit and proper person to hold a contractor licence due to a pattern of...

Source-derived case information.

Parties
Applicant: Matthew William Lindfield; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
22 February 2005
Procedural Posture
Administrative Review / Final Decision After Rehearing Before Administrative Decisions Tribunal
Outcome
The Tribunal set aside the Commissioner's previous decision and imposed new penalties: The Tribunal found Mr Lindfield guilty of improper conduct and cancelled his contractor licence, disqualifying him for three months from holding or being involved with any authority; additionally, the Tribunal found Mr Lindfield...
Legal Topics
Home Building Act Disciplinary Proceedings, Contractor Licensing Qualifications and Fitness, Improper Conduct—failure to Comply With Tribunal Order, False Statements in Licensing Applications
Administrative Law Consumer and Commercial Law Contractor Licensing Law Home Building Act Disciplinary Proceedings Contractor Licensing Qualifications and Fitness Improper Conduct—failure to Comply With Tribunal Order False Statements in Licensing Applications

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Summary, issues, holding and outcome

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Parties

Matthew William Lindfield

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Final Decision After Rehearing Before Administrative Decisions Tribunal

Legal Issues

  1. 1 Whether Mr Lindfield was guilty of improper conduct under s.51(2)(c) of the Home Building Act 1989 for failing to comply with a tribunal order
  2. 2 Whether Mr Lindfield is a fit and proper person to hold a contractor licence under the Home Building Act 1989

Ratio Decidendi

Mr Lindfield was found guilty of improper conduct under s.51(2)(c) of the Home Building Act 1989 because he failed to comply with a Tribunal order to pay Mrs Barnett, despite the absence of a formal stay or appeal. Further, he was found not a fit and proper person to hold a contractor licence due to a pattern of dishonest conduct, including nondisclosure of convictions and pending charges in licence applications, and making false statements regarding his financial affairs during enforcement proceedings, which together demonstrate a lack of the honesty required of a licensed contractor.

Court Disposition

The Tribunal set aside the Commissioner's previous decision and imposed new penalties: The Tribunal found Mr Lindfield guilty of improper conduct and cancelled his contractor licence, disqualifying him for three months from holding or being involved with any authority; additionally, the Tribunal found Mr Lindfield...

Orders

  • Mr Lindfield is guilty of improper conduct under s.51(2)(c) of the Home Building Act 1989. The Tribunal cancels his contractor licence and disqualifies him for three months from being: (i) the holder of any authority, (ii) a member of a partnership, or officer of a corporation that is a member of a partnership, that...
  • Mr Lindfield is not a fit person to hold a contractor licence. The Tribunal cancels his contractor licence and disqualifies him for thirty months from all the categories listed above. Disqualifications to run concurrently.