Commissioner for Consumer Affairs v Sommariva Summary

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

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

CaseChat Overview and Summary

The case of Commissioner for Consumer Affairs v Sommariva involved Joseph Sommariva, a licensed building work contractor, who was subject to disciplinary proceedings by the Commissioner for Consumer Affairs in 2003. The court had previously found proper cause for disciplinary action against Mr Sommariva and ordered that he be prohibited from being a director of a body corporate that is a building work contractor until further order. The Commissioner sought to vary this order to impose a condition that Mr Sommariva must complete the Company Director's Course conducted by the Australian Institute of Company Directors by 13 November 2015 and present a certificate of completion to the Commissioner for Consumer Affairs. The court was required to determine whether the proposed variation was appropriate and whether it would serve the interests of justice.

The court considered the evidence presented and found that the proposed variation was appropriate and would serve the interests of justice. The court noted that Mr Sommariva had been found to have acted in a way that warranted disciplinary action, and that the proposed variation would provide an opportunity for him to improve his understanding of the responsibilities of a company director and to demonstrate his commitment to complying with the law. The court also noted that the proposed variation was consistent with the principles of administrative law and that it would not be oppressive or unreasonable.

The court varied the order made on 19 January 2005 to read that Joseph Sommariva would 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. The court noted that this variation would provide an opportunity for Mr Sommariva to improve his understanding of the responsibilities of a company director and to demonstrate his commitment to complying with the law.

The court made an order varying the order made on 19 January 2005 to read that Joseph Sommariva would 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.

Commissioner for Consumer Affairs v Sommariva

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established