Lilli v Building Professionals Board [2019] NSWCATOD 119

Lilli v Building Professionals Board [2019] NSWCATOD 119

Mr Lilli was found guilty of unsatisfactory professional conduct for issuing a construction certificate after building work had commenced, knowing this fact, and for failing to exclude the completed works from the certificate as well as providing a Pre-Issue Inspection Report containing incorrect information. His conduct was found to be extremely careless and a significant infringement, warranting a reprimand and a fine of $20,000, rather than the higher penalty imposed by the Board.

Jurisdiction
Australia
Judgment Date
05 August 2019
Procedural Posture
Administrative Review / Merits Review and Final Decision
Outcome
Varied decision; disciplinary finding of unsatisfactory professional conduct upheld; penalty reduced.
Legal Topics
['accredited Certifiers' 'professional Conduct' 'construction Certificates' 'administrative Review']
['administrative Law' 'disciplinary Law' 'building and Construction'] ['accredited Certifiers' 'professional Conduct' 'construction Certificates' 'administrative Review']

Case Brief

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Procedural Posture

Administrative Review / Merits Review and Final Decision

Legal Issues

  1. 1 ['Whether the applicant is guilty of unsatisfactory professional conduct as defined in s 19 of the Building Professionals Act 2005' 'What is the appropriate disciplinary action under s 31(4) of the Building Professionals Act 2005']

Ratio Decidendi

Mr Lilli was found guilty of unsatisfactory professional conduct for issuing a construction certificate after building work had commenced, knowing this fact, and for failing to exclude the completed works from the certificate as well as providing a Pre-Issue Inspection Report containing incorrect information. His conduct was found to be extremely careless and a significant infringement, warranting a reprimand and a fine of $20,000, rather than the higher penalty imposed by the Board.

Court Disposition

Varied decision; disciplinary finding of unsatisfactory professional conduct upheld; penalty reduced.

Orders

  • ['Valerio Lilli is guilty of unsatisfactory professional conduct.' 'The decision of the Building Professionals Board of 28 September 2018 is varied to be: (1) Pursuant to s 31(4)(a) of the Building Professionals Act 2005 Valerio Lilli is reprimanded; (2) Pursuant to s 31(4)(f) of the Building Professionals Act 2005...