Keogh v Commissioner for Fair Trading [2021] NSWCATOD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Keogh v Commissioner for Fair Trading [2021] NSWCATOD 30 Hearing dates: 30 September 2020, 24 November 2020, 23 December 2020 Date of orders: 24 March 2021 Decision date: 24 March 2021 Jurisdiction: Occupational Division Before: J McAteer Senior Member Decision: (1) The Respondent's decision that Mr Keogh is not a fit and proper person pursuant to sections 56 (b) and 56(c) of the Home Building Act 1989 is affirmed. (2) The Tribunal affirms the Respondent's decision to cancel Mr Keogh's licence. (3) The Tribunal varies the penalty by dismissing the disqualification period of two years, and instead imposing a disqualification period of 18 months. (4) The stay is lifted 14 days after publication of these reasons, so as to enable Mr Keogh to make the necessary arrangements in respect of his business. Catchwords: FIT AND PROPER PERSON - Whether false and misleading information provided – Whether applicant provided false and misleading information – Whether purpose of Act is to punish or protect – whether hardship can be taken into account in determining penalty Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Evidence Act 1995 Home Building Act 1989 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33 Barakat v Commissioner for Fair Trading [2008] NSWDAT 127 Dassouki v Department of Fair Trading [2019] NSW CATOD 14 Dinh v Commissioner for Fair Trading [2016] NSWCATOD 72 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Grenfell v Director General of the Department of Finance and Services [2013] NSWADT 57 Hughes and Vale Pty Ltd v New South Wales (No 2) [1955] HCA 28 Jones v Dunkel [1959] HCA 8 Lal v Director General Department of Transport [2001] NSWADT 74 Magerovski v Commissioner for Fair Trading Department of Finance, Services and Innovation [2018] NSWCATAD 192 Ng v Commissioner for Fair Trading NSW Office of Fair Trading & anor [2007] NSWADT 259 Ricky Holt v Commissioner for Fair Trading [2015] NSWCATOD 130 Sobey Commercial and Private Agents Board (1979) 22 SASR 70 Texts Cited: None cited Category: Principal judgment Parties: Kristin Keogh (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: D New (Applicant) N Case (Respondent)