Prestigious Plumbing Pty Ltd v Secretary, Department of Customer Service

[2026] NSWSC 798

Supreme Court of NSW

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Catchwords

1. ADMINISTRATIVE LAW — judicial review — notice issued under s 127(2) of the Home Building Act 1989 (NSW) — whether notice invalid — where notice required production of documents and information — where notice issued in the context of an investigation — requirements of a notice — whether “entitlement disclosure condition” applies to the notice — whether notice discloses the basis on which the Secretary entitled to require the information or documents sought — whether notice identified a “matter” — whether severance of the notice possible — where invalid portions not inextricably mixed
1. STATUTORY INTERPRETATION — whether “entitlement disclosure condition” implied in a notice issued under s 127(2) of the Home Building Act 1989 (NSW) — where consideration of text, context and purpose of s 127 — entitlement disclosure condition implied

Quick Take

The Court held that an entitlement disclosure condition is to be implied into s 127(2) of the Home Building Act 1989 (NSW), requiring that a notice to produce documents or information must sufficiently disclose the relationship between the information sought and the matter being investigated, though the notice need not specify precise disciplinary grounds or plead all facts constituting a contravention. The Court found that the notice was valid insofar as it sought information and documents connected to identified building sites and named individuals, but was invalid insofar as it sought broad lists of all employees, subcontractors and trading names for a six-month period without identifying any relationship to the matters under investigation. The invalid paragraphs were severed, preserving the validity of the remainder of the notice.