Commissioner for Fair Trading v Radovski [2021] NSWCATAP 409

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner for Fair Trading v Radovski [2021] NSWCATAP 409 Hearing dates: 15 October 2021 Date of orders: 8 December 2021 Decision date: 08 December 2021 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member A Boxall, Senior Member Decision: (1) The appeal is dismissed. (2) The stay of the operation of order 2 made on 4 June 2021 is revoked. Catchwords: APPEAL – access to information – failure to comply with directions for provision of evidence – whether Tribunal erred in not permitting oral evidence –whether Tribunal erred in making findings – whether findings illogical – whether Tribunal erred in failing to draw inference – whether Tribunal erred in carrying out merits review task Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Building and Development Certifiers Act 2018 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd [2019] NSWCA 61 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 EFQ (a pseudonym) v Medical Council of New South Wales [2021] NSWCA 167 Re Gooley and Companies Auditors and Liquidators Disciplinary Board and Australian Securities and Investments Commission [2000] AATA 1144; (2000) 62 ALD 472 Henderson v Queensland [2014] HCA 52 House v The King (1936) 55 CLR 499; [1936] HCA 40 Lane v Bloc Constructions (NSW) Pty Ltd [ 2021] NSWCATAP 114 Mannix v Department of Education and Communities [2014] NSWCATAD 35 Meacham v Commissioner of Police [2020] NSWCATAP 107 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Radovski v Commissioner for Fair Trading [2021] NSWCATAD 154 Sullivan v Civil Aviation Authority (2014) 22 FCR 555; [2014] FCAFC 93 Transport for NSW v Searle [2018] NSWCATAP 93 YG & GG v Minister for Community Services [2002] NSWCA 247 Yong v Antworks Pty Ltd [2016] NSWCATAP 14 Texts Cited: None Category: Principal judgment Parties: Commissioner for Fair Trading (Appellant) Peco Radovski (Respondent) Representation: Counsel: C Lambert (Appellant)