HSL Group Pty Ltd v Commissioner for Fair Trading, Department of Customer Service [2021] NSWCATAP 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HSL Group Pty Ltd v Commissioner for Fair Trading, Department of Customer Service [2021] NSWCATAP 112 Hearing dates: 06 April 2021 Date of orders: 04 May 2021 Decision date: 04 May 2021 Jurisdiction: Appeal Panel Before: Cowdroy AO QC ADCJ, Principal Member D Robertson, Senior Member Decision: (1) Amend the name of the respondent to Commissioner for Fair Trading, Department of Customer Service. (2) Affirm the Respondent's decision to cancel the Contractor Licence of the First Appellant and the Supervisor Certificate of the Second Appellant; (3) Affirm the Tribunal's decision varying the Respondent's decision, made under section 62(g) of the Home Building Act 1989 (NSW), to disqualify: (a) both Appellants from holding an authority under that Act; and (b) the Second Appellant from being: (i) 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 that Act; or (ii) an officer of a corporation that is the holder of an authority under that Act by reducing the period of disqualification from two years to six months, commencing on 14 November 2020. Catchwords: BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — improper conduct — disciplinary action — appellants failed to obtain insurance and made false or misleading applications — residential building work not carried out under a contract — appellants not fit and proper persons to hold an authority under the Act APPEALS — whether finding that appellants not fit and proper persons to hold an authority under the Home Building Act 1989 (NSW) against weight of evidence — inferences from primary facts — inconsistency of findings — conclusion not supported by findings — whether finding of unacceptable risk of reoffending not justified by evidence — whether Tribunal had regard to irrelevant consideration in taking candour into account — whether Tribunal disregarded relevant consideration in concluding subjective state of mind and understanding of conduct not to the point — appeal dismissed APPEALS — leave to appeal — principles governing APPEALS — procedural fairness — failure to give reasons — adequacy of reasons Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 356 Collins v Urban [2014] NSWCATAP 17 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Grenfell v Director General of the Department of Finance and Services [2013] NSWADT 57 Jones v Bradley [2003] NSWCA 81 Mifsud v Campbell (1991) 21 NSWLR 725 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Politis v Federal Commissioner of Taxation [1988] FCA 446; (1988) 20 ATR 108 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002; Appellant S106/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 30; (2003) 77 ALJR 1165 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Wainohu v New South Wales (2011) 243 CLR 181; [2011] HCA 24 Texts Cited: Cambridge Dictionary, online ed, April 2021 Category: Principal judgment Parties: HSL Group Pty Ltd (First Appellant) Hanna Ibrahim (Second Appellant) Commissioner for Fair Trading, Department of Customer Service (Respondent) Representation: Counsel: T Lynch SC and A Carr (Appellants) C Lambert (Respondent)