DISTRICT COURT OF SOUTH AUSTRALIA
(Civil)
COMMISSIONER FOR CONSUMER AFFAIRS v BUILT IT PTY LTD & ZOLLO
[2019] SADC 66
Judgment of Her Honour Judge Chapman
24 May 2019
ADMINISTRATIVE LAW
Complaint against director of building work contractor which was in liquidation at time of trial - whether Commissioner may proceed against a director when Complaint stayed against building work contractor - whether there is proper cause for disciplinary action against the building work contractor for various alleged breaches of the Building Work Contractors Act 1995 - whether the Second Respondent was a director or de facto director at relevant times.
Held: The Commissioner may proceed against the Second Respondent in circumstances where the Complaint against the First Respondent is stayed. Proper cause for disciplinary action found against the First Respondent as alleged. The Second Respondent was a director or a de facto director of the First Respondent at relevant times. Disciplinary action may be taken against the Second Respondent on that basis.
Building Work Contractors Act 1995 (SA) s 22; Acts Interpretation Act 1915 (SA) s 22; Corporations Act 2001 (Cth) s 471B, referred to.
Commissioner for Consumer Affairs v Sollars (2001) 79 SASR 145; Briginshaw v Briginshaw (1938) 60 CLR 336; Smithton Ltd v Naggar [2014] EWCA Civ 939; Grimaldi v Chameleon Mining NL (No 2) (2012) 200 FCR 296; Chameleon Mining NL v Murchison Metals Limited [2010] FCA 1129; Deputy Commissioner of Taxation v Austin (1998) 39 ATR 485; Buzzle Operations Pty Ltd (in liq) v Apple Computer Australia Pty Ltd [2010] NSWSC 233, applied.
COMMISSIONER FOR CONSUMER AFFAIRS v BUILT IT PTY LTD & ZOLLO
[2019] SADC 66
On 23 September 2015, the Commissioner for Consumer Affairs filed a Complaint against the two respondents pursuant to s 22 of the Building Work Contractors Act 1995 (SA) (the Act). An amended Complaint (third Complaint) was filed on 20 December 2016.
Grounds 1 – 5 are against the First Respondent as a body corporate which was a building work contractor. It is alleged there is proper cause for disciplinary action against the First Respondent pursuant to s 21(c) or (e) of the Act.
Ground 6 is against the Second Respondent. The Commissioner pleads Grounds 1 – 5 against the Second Respondent alleging disciplinary action may be taken against the Second Respondent on the basis he was a director of the First Respondent at the relevant times.
Ground 1 – 3
In each ground, the allegation is that there is proper cause for disciplinary action against the First Respondent pursuant to s 21(1)(c) of the Act. It is alleged the First Respondent acted contrary to s 34(b) of the Act by failing to provide building owners with a certificate evidencing the taking out of the necessary policy of insurance for building work. The building owners were David Terrell and Julie Cahill (Ground 1), Matthew and Ingrid Wilkshire (Ground 2) and Darron and Lara Reid (Ground 3).
Ground 4
The allegation is that there is…
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- [2019] SADC 66
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