HSL Group Pty Ltd v Department of Finance, Services & Innovation [2020] NSWCATOD 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HSL Group Pty Ltd v Department of Finance, Services & Innovation [2020] NSWCATOD 125 Hearing dates: 21 July 2020 Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Occupational Division Before: A Britton, Principal Member Decision: (1) The decision made by the Commissioner for Fair Trading on 19 May 2019 under s 62 of the Home Building Act 1989 (NSW) in respect of HSL Group Pty Ltd, is varied by reducing the period HSL is disqualified from holding an authority under the Home Building Act from 24 months to 6 months. The decision is otherwise affirmed. (2) The decision made by the Commissioner for Fair Trading on 19 May 2019 under s 62 of the Home Building Act 1989 (NSW) in respect of Hanna Ibrahim, is varied by reducing the period Hanna Ibrahim is disqualified from holding an authority under the Home Building Act; being a member of a partnership, or an officer of a corporation that is a member of a partnership, that is the holder of an authority under the Home Building Act; and being an officer of a corporation that is the holder of an authority under the Home Building Act, is reduced from 24 months to 6 months. The decision is otherwise affirmed. (3) Pursuant to s 66 of the Administrative Decisions Review Act 1997 (NSW) orders 1 and 2 above come into effect in 14 days from this decision. Catchwords: BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Improper conduct — Disciplinary action BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Authority — Fit and proper person BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Insurance — Residential building work not carried out under a contract — whether offence under s 92 of the Home Building Act 1989 (NSW) is an offence of strict liability Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth) Administrative Decisions Review Act 1997 (NSW) Home Building Act 1989 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Director General, Department of Fair Trading v Cohen [2000] NSWFTT 3 Donaghy v The Council of the Law Society of New South Wales [2013] NSWCA 154 Grenfell v Director General Department of Finance and Services [2013] NSWADT 57 He Kaw Teh v The Queen [1985] HCA 43; (1985) 157 CLR 523 Hutchings Electrical Pty Limited & Anor v Director General, Department of Fair Trading [2004] NSWADT Bournelis v Building Services Corporation, Commercial Tribunal of New South Wales, (9 June 1995, unreported) In re Davis [1947] HCA 53; (1947) 75 CLR 409 at 416 McDonald v Guardianship Administration Board [1993] 1 VR 521 at 530 Qiu v Building Professionals Board [2013] NSWADT 289 R v Wampfler (1987) 11 NSWLR 541 Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31 Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93 Youssef v NSW Legal Services Commissioner [2020] NSWCATOD 85 Texts Cited: None cited Category: Principal judgment Parties: HSL Group Pty Ltd (Applicant) Hanna Ibrahim (Second Applicant) Commissioner for Fair Trading, Department of Customer Service (Respondent) Representation: Counsel: T Lynch SC (Applicants) T Bagley (Respondent)