Fitzgerald v Building Professionals Board (No 2, Disciplinary Order) [2014] NSWCATOD 51

Fitzgerald v Building Professionals Board (No 2, Disciplinary Order) [2014] NSWCATOD 51

Given the applicant's history of repeated breaches, the seriousness of the recent misconduct, and having regard to some lesser findings on certain matters, the Tribunal concluded that the cancellation and disqualification period should stand, but the fine should be reduced to $25,000 as more appropriate to the findings.

Jurisdiction
Australia
Judgment Date
08 May 2014
Procedural Posture
Review of Disciplinary Decision / Determination of Disciplinary Orders Following Review of Findings
Outcome
Board's disciplinary orders 1, 3 and 4 affirmed; order 2 varied: fine reduced to $25,000.
Legal Topics
['accredited Certifier Discipline' 'review of Disciplinary Orders' 'professional Misconduct' 'unsatisfactory Professional Conduct']
['professional Discipline' 'administrative Law'] ['accredited Certifier Discipline' 'review of Disciplinary Orders' 'professional Misconduct' 'unsatisfactory Professional Conduct']

Case Brief

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Procedural Posture

Review of Disciplinary Decision / Determination of Disciplinary Orders Following Review of Findings

Legal Issues

  1. 1 ['Whether the disciplinary sanctions imposed by the Building Professionals Board were appropriate given findings of professional misconduct and unsatisfactory professional conduct' 'Whether the amount of the fine should be varied based on the facts and comparative penalties']

Ratio Decidendi

Given the applicant's history of repeated breaches, the seriousness of the recent misconduct, and having regard to some lesser findings on certain matters, the Tribunal concluded that the cancellation and disqualification period should stand, but the fine should be reduced to $25,000 as more appropriate to the findings.

Court Disposition

Board's disciplinary orders 1, 3 and 4 affirmed; order 2 varied: fine reduced to $25,000.

Orders

  • ["Board's disciplinary order 1 (reprimand) is affirmed." "Board's disciplinary order 3 (cancellation of accreditation) is affirmed." "Board's disciplinary order 4 (disqualification from reapplying for 5 years) is affirmed." "Board's disciplinary order 2 (fine) is varied from $36,000 to $25,000."]