Hanna v Commissioner for Fair Trading [2021] NSWCATOD 198

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hanna v Commissioner for Fair Trading [2021] NSWCATOD 198 Hearing dates: 9 December 2020 Date of orders: 6 December 2021 Decision date: 06 December 2021 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is set aside. (2) Pursuant to section 62(1) (a) of the Home Building Act 1989 the Tribunal determines to take no further action against the Applicant. Catchwords: ADMINISTRATIVE LAW – licensing – disciplinary action against holder of contractor licence – improper conduct – whether statement is false or misleading – recklessness - fit and proper person – whether disciplinary action is appropriate Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Home Building Act 1989 Crimes Act 1900 Cases Cited: Council of the Law Society of New South Wales v Thornton [2020] NSWCATOD 103 Dassouki v Department of Fair Trading [2019] NSWCATOD 14 Hanna v Commissioner for Fair Trading [2020] NSWCATOD 107 HSL Group Pty Ltd v Department of Finance, Services & Innovation [2020] NSWCATOD 125 Pollard v Commonwealth Director of Public Prosecutions and Another (1992) 8 ACSR 813 Re Pochi and Minister for Immigration and Ethnic Affairs [1979] AATA 64; (1979) 36 FLR 482 Sande v Commissioner for Fair Trading [2017] NSWCATOD 55 Texts Cited: None cited Category: Principal judgment Parties: Charbel Hanna (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: D Birch (Applicant) C Lambert (Respondent)