Lotus Constructions Pty Limited v Director-General, Department of Finance And Service, NSW Fair Trading [2013] NSWADT 260

Lotus Constructions Pty Limited v Director-General, Department of Finance And Service, NSW Fair Trading [2013] NSWADT 260

Lotus Constructions Pty Limited breached statutory warranties under s.18B(a) and s.18B(d) of the Home Building Act 1989 by not carrying out work in a proper and workmanlike manner and not with due diligence and within reasonable time. Mr Chand, as director and nominated supervisor, exercised control over building work when breaches occurred and was therefore also guilty of improper conduct. The imposed pecuniary penalties were appropriate and proportional to the conduct and circumstances.

Jurisdiction
Australia
Judgment Date
20 November 2013
Procedural Posture
Review of Disciplinary Decision / Final Decision
Outcome
The decision under review is affirmed
Legal Topics
['breach of Statutory Warranty' 'improper Conduct' 'disciplinary Proceedings' 'home Building Act 1989']
['administrative Law' 'building and Construction Law'] ['breach of Statutory Warranty' 'improper Conduct' 'disciplinary Proceedings' 'home Building Act 1989']

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Procedural Posture

Review of Disciplinary Decision / Final Decision

Legal Issues

  1. 1 ['Whether Lotus Constructions Pty Limited breached statutory warranties under s.18B(a) and s.18B(d) of the Home Building Act 1989' 'Whether Mr Chand, as nominated supervisor and director, was guilty of improper conduct under s.53(1)(b) of the Act' 'Whether the disciplinary penalties imposed were proportionate and appropriate']

Ratio Decidendi

Lotus Constructions Pty Limited breached statutory warranties under s.18B(a) and s.18B(d) of the Home Building Act 1989 by not carrying out work in a proper and workmanlike manner and not with due diligence and within reasonable time. Mr Chand, as director and nominated supervisor, exercised control over building work when breaches occurred and was therefore also guilty of improper conduct. The imposed pecuniary penalties were appropriate and proportional to the conduct and circumstances.

Court Disposition

The decision under review is affirmed

Orders

  • ['Lotus Constructions Pty Limited to pay a penalty of $7,000 to the Commissioner of the Office of Fair Trading' 'Sunil Chand to pay a penalty of $3,500']