Case Reports

Defective work - judicial review - natural justice

In Ktori v The Building Practitioners Board [2009] VSC 404 (11 September 2009) , the Supreme Court of Victoria considered an Application for judicial review.  The Respondent Building Practitioners Board imposed sanctions on the Applicants for engaging in conduct without council consent and in breach of relevant building code.  The Applicants claimed the Board's reference to applicants' alleged failure to identify and rectify defects not subject of charges.  The Board claimed applicants' failure to identify defects ascertainable from existence of defects.  The Court held that the Board denied the Applicants natural justice as mere existence of defects not sufficient to show practitioner not competent and therefore should have been subject to charges.