Fitzgerald v Building Professionals Board [2013] NSWADT 299

Fitzgerald v Building Professionals Board [2013] NSWADT 299

The Tribunal found that Mr Fitzgerald engaged in professional misconduct in relation to the Waverton development by issuing a construction certificate where works were inconsistent with the development consent, including significant internal and heritage-impacting changes. His conduct constituted unsatisfactory professional conduct in respect of the Bexley and Mosman developments, failing to comply with statutory requirements for excavation and fire/structural safety, but the finding regarding the Chatswood (tree removal) development was not proven and is set aside. The Board's disciplinary findings on other matters are affirmed.

Parties
Applicant: Paul Fitzgerald; Respondent: Building Professionals Board
Jurisdiction
Australia
Judgment Date
24 December 2013
Procedural Posture
Application for Review of Disciplinary Decision / Initial Hearing on Disciplinary Findings
Outcome
Board's finding of professional misconduct (Waverton) affirmed; findings of unsatisfactory professional conduct (Bexley, Mosman) affirmed; finding in respect of Chatswood set aside; further hearing to be held on disciplinary orders.
Legal Topics
Accredited Certifier, Disciplinary Findings, Professional Misconduct, Unsatisfactory Professional Conduct, Construction Certificates, Complying Development Certificates, Fire Safety, Building Code Compliance
Administrative Law Professional Discipline Accredited Certifier Disciplinary Findings Professional Misconduct Unsatisfactory Professional Conduct Construction Certificates Complying Development Certificates +2 more

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Parties

Paul Fitzgerald

Applicant

Building Professionals Board

Respondent

Procedural Posture

Application for Review of Disciplinary Decision / Initial Hearing on Disciplinary Findings

Legal Issues

  1. 1 Whether the applicant engaged in professional misconduct in the issuance of a construction certificate for 116 Bay Road, Waverton
  2. 2 Whether the applicant engaged in unsatisfactory professional conduct in respect of developments at 40 & 42 Kingsland Road, Bexley and 565 Military Road, Mosman
  3. 3 Whether the Board's finding in respect of 53 Centennial Avenue, Chatswood should be set aside

Ratio Decidendi

The Tribunal found that Mr Fitzgerald engaged in professional misconduct in relation to the Waverton development by issuing a construction certificate where works were inconsistent with the development consent, including significant internal and heritage-impacting changes. His conduct constituted unsatisfactory professional conduct in respect of the Bexley and Mosman developments, failing to comply with statutory requirements for excavation and fire/structural safety, but the finding regarding the Chatswood (tree removal) development was not proven and is set aside. The Board's disciplinary findings on other matters are affirmed.

Court Disposition

Board's finding of professional misconduct (Waverton) affirmed; findings of unsatisfactory professional conduct (Bexley, Mosman) affirmed; finding in respect of Chatswood set aside; further hearing to be held on disciplinary orders.

Orders

  • The Board's finding that the applicant engaged in professional misconduct regarding Waverton is affirmed.
  • The findings of unsatisfactory professional conduct (Bexley, Mosman) are affirmed.