O'Brien v Building Professionals Board [2009] NSWADT 189

O'Brien v Building Professionals Board [2009] NSWADT 189

While the Tribunal has power to allow the amendment of grounds for decision, in this case the significant delay and consequent prejudice to the applicant outweigh the public interest in permitting such amendments, and thus the application to amend is refused.

Parties
Applicant: Russell O'Brien; Respondent: Building Professionals Board
Jurisdiction
Australia
Judgment Date
21 July 2009
Procedural Posture
Administrative Review / Application to Amend Reasons for Decision
Outcome
Application to amend reasons for decision refused
Legal Topics
Tribunal Powers, Procedural Fairness, Disciplinary Proceedings, Amendment of Reasons for Decision
Administrative Law Professional Discipline Tribunal Powers Procedural Fairness Disciplinary Proceedings Amendment of Reasons for Decision

Case Brief

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Parties

Russell O'Brien

Applicant

Building Professionals Board

Respondent

Procedural Posture

Administrative Review / Application to Amend Reasons for Decision

Legal Issues

  1. 1 Does the Tribunal have power to allow the grounds for the decision to be amended?
  2. 2 Should the Tribunal allow the amendment in this case?

Ratio Decidendi

While the Tribunal has power to allow the amendment of grounds for decision, in this case the significant delay and consequent prejudice to the applicant outweigh the public interest in permitting such amendments, and thus the application to amend is refused.

Court Disposition

Application to amend reasons for decision refused

Orders

  • The application by the Building Professionals Board to amend its reasons for decision is refused.