Hanna v Commissioner for Fair Trading [2020] NSWCATOD 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hanna v Commissioner for Fair Trading [2020] NSWCATOD 107 Hearing dates: 8 September 2020 Date of orders: 8 September 2020 Decision date: 15 September 2020 Jurisdiction: Occupational Division Before: L Pearson, Principal Member Decision: The operation of the decision made on 3 September 2020 to cancel Contractor Licence 112482C and disqualify the applicant from holding any authority under the Home Building Act 1989 for 12 months is stayed, without conditions, until determination of the application for review or until further order of the Tribunal. Catchwords: INTERLOCUTORY ORDER – disciplinary action – cancellation of contractor licence – application for stay – whether condition should be imposed Legislation Cited: Administrative Decisions Review Act 1997 Crimes Act 1900 Home Building Act 1989 Cases Cited: Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Texts Cited: None cited Category: Procedural and other rulings Parties: Charbel Hanna (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: D Birch (Applicant)

Solicitors: Kydon Segal Lawyers (Applicant) NSW Fair Trading, Legal (Respondent) File Number(s): 2020/00260012 Publication restriction: Nil

REASONS FOR DECISION 1. On 3 September 2020 a delegate of the respondent Commissioner for Fair Trading decided to take disciplinary action against Charbel Hanna under the Home Building Act 1989 (the HB Act). The disciplinary action was to cancel the Contractor Licence 112482C held by Mr Hanna, and to disqualify Mr Hanna from holding any authority under the HB Act for a period of 12 months, with effect from 7 days from the date of service of the Notice of Decision. 2. On 7 September 2020 Mr Hanna applied to the Tribunal for administrative review of the decision and for an order under s 60 of the Administrative Decisions Review Act 1997 (the ADR Act) to stay the operation of the decision until the determination of the application for administrative review. 3. The application for an order under s 60 of the ADR Act was heard on 8 September 2020, and an order made with reasons to be provided later. These are the reasons for the decision.