Harb v Commissioner of Fair Trading

The matter before the court involved two parties, Steven Harb and Peter Harb, who were alleged to have engaged in improper conduct in relation to construction work at a property in Blakehurst. The Commissioner of Fair Trading brought the matter before the court, seeking to enforce certain penalties against the Harbs under the Home Building Act. The Harbs contested the penalties, arguing that they had not engaged in the alleged improper conduct. The court was required to determine whether the Harbs had indeed engaged in improper conduct and, if so, what penalties should be imposed.

The primary legal issue the court needed to address was whether the Harbs had engaged in improper conduct as defined by the Home Building Act. The court had to consider the evidence presented and determine whether the actions of the Harbs constituted improper conduct under the Act. Additionally, the court needed to decide on the appropriate penalties to impose if it found that the Harbs had indeed engaged in improper conduct. The court had to balance the need to enforce the Act against the potential impact of the penalties on the Harbs.

The court found that the Harbs had engaged in improper conduct in relation to the construction work at the Blakehurst property. The court considered the evidence presented and concluded that the actions of the Harbs did indeed constitute improper conduct under the Home Building Act. The court noted that the Harbs had failed to comply with certain obligations and had acted in a manner that was not in the best interests of the consumers. The court imposed penalties on both Harbs, ordering that they be reprimanded for their conduct and that Peter Harb pay a penalty of $2,000. The court set aside the earlier decisions of the Commissioner and substituted them with these orders.

The court's final orders were that the decisions of the Commissioner dated 15 November 2006 were set aside. In their place, both Steven Harb and Peter Harb were to be issued with a reprimand for their improper conduct in relation to the construction work at 15 Stuart Street, Blakehurst. Furthermore, a penalty of $2,000 was imposed on Peter Harb, to be paid to the Commissioner within two months of the date of the decision. These orders reflected the court's determination that the Harbs had engaged in improper conduct and the appropriate penalties to enforce compliance with the Home Building Act.