Building Professionals Board v Ball

In this case, the Building Professionals Board sought a review of a decision made by the Tribunal, which had set aside a penalty imposed on the respondent, Mr Ball. The Tribunal's decision was made following a hearing where Mr Ball was found to have contravened certain provisions of the Building Act. The Board argued that the Tribunal had erred in its consideration of procedural fairness and the appropriate penalty. The matter was heard in the Supreme Court.

The primary legal issue before the court was whether the Tribunal had acted in a manner that was procedurally unfair, particularly in relation to the consideration of costs and the appropriate penalty to be imposed on Mr Ball. The Board contended that the Tribunal had failed to properly consider the relevant statutory provisions and had erred in setting aside the penalty. The court was also required to determine whether the matter should be remitted back to the Tribunal for further consideration or whether it should be resolved by the court itself.

The court found that the Tribunal had indeed failed to adequately consider the relevant statutory provisions and had erred in setting aside the penalty without adequate justification. The court held that the Tribunal's failure to properly consider the issue of costs and the appropriate penalty constituted a breach of procedural fairness. As a result, the court set aside the Tribunal's decision and ordered further directions. The court determined that the matter should be remitted back to the Tribunal for further consideration, rather than resolving the matter itself.

The orders made by the court included setting aside the Tribunal's decision and directing the matter to be remitted back to the Tribunal for further consideration. The court also set down a date for further directions to ensure that the matter was resolved in a timely manner.