Building Professionals Board v Hans

[2008] NSWADTAP 13

Appeal Panel - Internal

CITATION:	Building Professionals Board v Hans (GD) [2008] NSWADTAP 13
PARTIES:	APPELLANT Building Professionals Board RESPONDENT Anthony Hans
FILE NUMBER:	079025
HEARING DATES:	3 September 2007, 21 November 2007
SUBMISSIONS CLOSED:	21 November 2007
DATE OF DECISION:	12 March 2008
BEFORE:	Chesterman M - ADCJ (Deputy President); Salier GA - Judicial Member; Hayward P - Non Judicial Member
CATCHWORDS:	Leave to extend to the merits - admission of further evidence
MATTER FOR DECISION:	Principal matter
DECISION UNDER APPEAL:	Building Professionals Board v Hans [2007] NSWADT 83
FILE NUMBER UNDER APPEAL:	063382
DATE OF DECISION UNDER APPEAL:	04/12/2007
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Environmental Planning and Assessment Act 1979 Legal Profession Act 1987 Retail Leases Act 1994
CASES CITED:	Briginshaw v Briginshaw (1938) 60 CLR 336 CDJ v VAJ (1998) 197 CLR 172; [1998] HCA 67 Commissioner of Corrective Services v Aldridge (No 2) [2002] NSWADTAP 6 Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Commissioner of Police, New South Wales Police Service v Knight [2000] NSWADTAP 6 Coulter v The Queen (1988) 164 CLR 359 Council of the City of Greater Wollongong v Cowan (1955) 93 CLR 435 Law Society of New South Wales v Young (No 2) (LSD) [2001] NSWADTAP 19 Lloyd v TCN Channel Nine Pty Ltd & Anor [1999] NSWADTAP 3 Lloyd v Veterinary Surgeons Investigating Committee [2005] NSWCA 456 Stanoevski v Council of the Law Society of New South Wales [2005] NSWCA 428 Turnbull v NSW Medical Board [1976] 2 NSWLR 281 World Best Holdings Ltd v Sarker & Anor [2004] NSWSC 935
REPRESENTATION:	APPELLANT P Lakatos SC, barrister RESPONDENT In person
ORDERS:	1. Leave is granted, on the application of the Appellant, for this appeal to extend to a review of the merits 2. Leave is granted, on the application of the Appellant, for further evidence placed by it before the Appeal Panel on 3 September 2007 to be adduced at the hearing of the appeal 3. The appeal is set down for further directions at a date and time to be fixed by the Registry in consultation with the parties.

REASONS FOR DECISION

Introduction

1 This decision deals with applications by the Appellant, the Building Professionals Board (hereafter ‘the Board’), for orders granting leave for the appeal to extend to the merits of the decision under appeal and for further evidence to be adduced by the Board. The question requiring closest consideration is whether sufficient grounds for admitting further evidence have been advanced.

2 On 27 October 2006, the Board filed a disciplinary application in the Tribunal under section 109Z(2) of the Environmental Planning and Assessment Act 1979 (‘the EPA Act’), naming Mr Hans, who is an accredited certifier under Part 4B of this Act, as respondent. While the provisions of the EPA Act relating to disciplinary applications are no longer in force, it is common ground that they apply to the present proceedings.

3 In the decision under appeal, which was delivered on 12 April…