Building Commissioner condemns company’s conduct

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Dianella building company Frayson Pty Ltd (BC8331), trading as Instyle Residence and New Life Renovations has had its building contractor registration cancelled, its sole director and secretary Armand Noor has been made an ineligible person for one year and both have been fined and ordered to pay costs totalling $20,000 for the longest string of disciplinary allegations dealt with by the Building Commission.

The Building Services Board ultimately pursued 26 allegations against the company in breach of various building service Acts. The commencement of disciplinary action by the Board in March 2015 followed the company being suspended by the Building Commissioner on an interim basis in February 2015 because the Board was concerned of the risk it posed to present and future clients.

The allegations comprised of 18 counts of negligence; three counts of misleading or deceptive conduct; one count of fraudulent conduct; three counts of failing to properly or proficiently manage and supervise its work; and one count of engaging in harsh, oppressive or unconscionable conduct, all in connection with contracting for or carrying out a building service.

“Of particular concern was that the company had not engaged its nominated supervisor to supervise any of the building work it carried out. All management and supervision had been carried out by Mr Noor and it left a lot to be desired,” said Building Commissioner Peter Gow.

The allegations relate to work the company contracted for and carried out at six Perth properties – two in Churchlands and one each in Bicton, Nedlands, Fremantle and Menora – between 2006 and 2013. The company’s contract management in relation to a number of the sites was so poor that property owners were unable to know with any certainty how amounts claimed and paid related to their contracts.

The proceeding was ultimately settled by the consent of the parties. The State Administrative Tribunal (SAT) agreed that the company's building contractor registration should be cancelled and ordered the company to pay a $5,000 fine and costs of $10,000. As the company’s sole director and the person directly responsible for the actions of the company, the SAT agreed that Mr Noor should also be fined $5,000 and be declared an ineligible person for one year ending on 30 March 2017.

A company or partnership cannot be granted registration if an ineligible person is an officer of the company or one of the partners.

“The list of offences committed by Frayson was the most extensive I have seen in my role as Building Commissioner,” Mr Gow said.

“The company and Mr Noor’s conduct is unacceptable and put the safety and interests of the owners and the general public at risk.

“The Building Commission is committed to stamping out this type of conduct and will continue to hold to account and name those who put the reputation of the industry and the public interest at risk.”

In August 2015, having received information that Frayson may have continued to operate with a suspended registration, the Building Commissioner issued the following warning to the public: www.commerce.wa.gov.au/announcements/public-warned-avoid-dealing-unregistered-builder.

Full details of the SAT decision are available at: http://decisions.justice.wa.gov.au/SAT/SATdcsn.nsf/%24%24OpenDominoDocument.xsp?documentId=2F72FBB7F60EA23E48257F8D00269B53&action=openDocument&SessionID=EDIVLCDKIF.

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Media release
21 Apr 2016

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