Lilli v Building Professionals Board [2019] NSWCATOD 193

Lilli v Building Professionals Board [2019] NSWCATOD 193

The Tribunal determined that, considering the balance between public interest (especially public safety through proper certification standards) and the financial, reputational, and business consequences for Mr Lilli, the public interest outweighed Mr Lilli's arguments. Therefore, a limited stay was granted—Mr Lilli is not permitted to personally carry out certification work pending review; conditions imposed by the Board are continued, but no prohibition on VLP accepting new work was required, as accredited certifiers in the business can manage workload.

Parties
Applicant: Valerio Lilli; Respondent: Building Professionals Board
Jurisdiction
Australia
Judgment Date
19 December 2019
Procedural Posture
Administrative Review / Interlocutory (application for Stay Pending Substantive Review)
Outcome
The disciplinary decision against Valerio Lilli is stayed with conditions pending review; directions for evidence and future hearing are made.
Legal Topics
Stay of Decision, Building Certification, Disciplinary Proceedings, Public Interest, Professional Misconduct
Administrative Law Occupational Discipline Stay of Decision Building Certification Disciplinary Proceedings Public Interest Professional Misconduct

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Parties

Valerio Lilli

Applicant

Building Professionals Board

Respondent

Procedural Posture

Administrative Review / Interlocutory (application for Stay Pending Substantive Review)

Legal Issues

  1. 1 Whether a stay of disciplinary action against an accredited certifier should be granted pending review
  2. 2 Appropriate conditions for granting or refusing a stay under Administrative Decisions Review Act 1997, s 60

Ratio Decidendi

The Tribunal determined that, considering the balance between public interest (especially public safety through proper certification standards) and the financial, reputational, and business consequences for Mr Lilli, the public interest outweighed Mr Lilli's arguments. Therefore, a limited stay was granted—Mr Lilli is not permitted to personally carry out certification work pending review; conditions imposed by the Board are continued, but no prohibition on VLP accepting new work was required, as accredited certifiers in the business can manage workload.

Court Disposition

The disciplinary decision against Valerio Lilli is stayed with conditions pending review; directions for evidence and future hearing are made.

Orders

  • The decision of the Building Professionals Board dated 28 November 2019 to take disciplinary action against Valerio Lilli is stayed, subject to the following conditions: Mr Lilli is not authorised to determine and/or issue any complying development certificates, construction certificates, compliance certificates...
  • Mr Lilli is not authorised to accept the lodgement of applications for complying development certificates, construction certificates, compliance certificates and/or occupation certificates.