Commissioner for Consumer Affairs v Sommariva

[2015] SADC 10

DISTRICT COURT OF SOUTH AUSTRALIA

(Civil)

COMMISSIONER FOR CONSUMER AFFAIRS v SOMMARIVA

[2015] SADC 10

Reasons for Decision of Her Honour Judge McIntyre

4 February 2015

ADMINISTRATIVE LAW

Order made on 19 January 2005 varied to read:

Joseph Sommariva will be prohibited from being a director of a body corporate that is a building work contractor until completion of the Company Director's Course conducted by the Australian Institute of Company Directors by 13 November 2015 and having presented the certificate of completion to the Commissioner for Consumer Affairs

Building Work Contractors Act 1995  , referred to.

COMMISSIONER FOR CONSUMER AFFAIRS v SOMMARIVA
[2015] SADC 10

1. Joseph Anthony Sommariva is a licensed building work contractor.  He was the subject of disciplinary proceedings by the Commissioner in 2003.

2. Reasons for Decision were handed down on 26 May 2004 finding that there was proper cause for disciplinary action against Mr Sommariva.  Orders were made on 19 January 2005, inter alia ordering that Mr Sommariva will, until further order, be prohibited from being a director of a body corporate that is a building work contractor.

3. For the reasons outlined in the Reasons for Decision handed down this day in DCCIV-14-118 Deputy Commissioner for Consumer Affairs v Pajo Projects Pty Ltd & Sommariva, I consider it appropriate to vary the order made on 19 January 2005. 

4. I vary the order that Joseph Sommariva be prohibited from being a director of a body corporate that performs work as a building work contractor by deleting the words “until further order” and inserting the words “until completion of the Company Director’s Course conducted by the Australian Institute of Company Directors by 13 November 2015 and having presented the certificate of completion to the Commissioner for Consumer Affairs” at the conclusion of the current order. 

5. The varied order reads:

   Joseph Sommariva will be prohibited from being a director of a body corporate that is a building work contractor until completion of the      Company Director’s Course conducted by the Australian Institute of        Company Directors by 13 November 2015 and having presented the   certificate of completion to the Commissioner for Consumer Affairs.