Hammond v Commissioner for Fair Trading [2020] NSWCATOD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hammond v Commissioner for Fair Trading [2020] NSWCATOD 132 Hearing dates: On the papers Date of orders: 20 November 2020 Decision date: 20 November 2020 Jurisdiction: Occupational Division Before: D Robertson, Senior Member Decision: (1) The time for filing the application is extended pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 until 4 March 2020. (2) The Respondent's decision is affirmed. Catchwords: ADMINISTRATIVE REVIEW – occupational licensing – builders licence – whether offence of demanding property with menaces with intent to steal is an offence involving dishonesty - whether offence should be ignored – whether acts or omissions trivial – whether sufficient passage of time Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Property Stock and Business Agents Act 2002 (NSW) Cases Cited: Barber v Law Society of New South Wales (No 2) [2001] NSWSC 361 C v Johnson [1967] SASR 279 Commissioner for Fair Trading, NSW Office of Fair Trading v O'Connor (GD) [2007] NSWADTAP 37 Farah v Director General, Department of Services Technology and Administration [2010] NSWADT 186 Farah v Director-General, Department of Finance and Services [2013] NSWADT 198 Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23 Gambino v Commissioner for NSW Fair Trading [2014] NSWCATOD 135 Hunt v Director General, Department of Services Technology and Administration [2010] NSWADT 186 Livaja v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2020] NSWCATOD 17 Luk v Commissioner of Police, NSW Police [2019] NSWCATAP 23 Pollard v Commonwealth Director of Public Prosecutions (1992) 28 NSWLR 659 Salcedo v Commissioner for Fair Trading [2016] NSWCATOD 19 Texts Cited: None cited Category: Principal judgment Parties: Wayne John Hammond (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Applicant (Self Represented) S Robosa, Department of Customer Service (Respondent) File Number(s): 2020/00070221 Publication restriction: Nil