Harb v Commissioner of Fair Trading [2003] NSWADT 185

Harb v Commissioner of Fair Trading [2003] NSWADT 185

Peter Harb was found guilty of improper conduct under s.62 of the Home Building Act 1989 due to failure to notify change of particulars, misrepresentation, carrying out residential building work without insurance, installing flooring other than agreed, failing to carry out works in a proper and workmanlike manner, submitting a false statutory declaration, and failing to comply with tribunal orders. Steven Harb was found guilty of improper conduct for failing to comply with a tribunal order. The penalties imposed by the Administrator were varied to reflect the seriousness and involvement of each applicant.

Jurisdiction
Australia
Judgment Date
21 August 2003
Procedural Posture
Administrative Review / Decision on Appeal/review
Outcome
affirmed in part, varied
Legal Topics
['home Builder Disciplinary Proceedings' 'contractor Licence Cancellation' 'improper Conduct' 'failure to Comply With Tribunal Order' 'home Building Insurance' 'misrepresentation of Licence' 'workmanship Standards']
['administrative Law' 'consumer Law' 'building Law'] ['home Builder Disciplinary Proceedings' 'contractor Licence Cancellation' 'improper Conduct' 'failure to Comply With Tribunal Order' 'home Building Insurance' 'misrepresentation of Licence' 'workmanship Standards']

Case Brief

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Procedural Posture

Administrative Review / Decision on Appeal/review

Legal Issues

  1. 1 ['Whether Peter Harb failed to notify change of particulars relating to business name;' 'Whether Peter Harb misrepresented that Harb Construction held a contractor licence;' 'Whether Peter Harb did residential building work without insurance;' 'Whether Peter Harb installed flooring other than agreed;' 'Whether Peter Harb failed to carry out work in a proper and workmanlike manner;' 'Whether Peter Harb submitted a false statutory declaration and is fit to hold a licence;' 'Whether Peter Harb and Steven Harb failed to comply with a tribunal order']

Ratio Decidendi

Peter Harb was found guilty of improper conduct under s.62 of the Home Building Act 1989 due to failure to notify change of particulars, misrepresentation, carrying out residential building work without insurance, installing flooring other than agreed, failing to carry out works in a proper and workmanlike manner, submitting a false statutory declaration, and failing to comply with tribunal orders. Steven Harb was found guilty of improper conduct for failing to comply with a tribunal order. The penalties imposed by the Administrator were varied to reflect the seriousness and involvement of each applicant.

Court Disposition

affirmed in part, varied

Orders

  • ['Affirms the Administrator’s cancellation of Peter Harb’s contractor licence.' 'Sets aside Administrator’s determination disqualifying Peter Harb for 5 years and imposing $4,000 penalty; substitutes disqualification for 3 years.' 'Sets aside determination in Steven Harb’s case; finds Steven Harb guilty of improper...