Commissioner for Fair Trading, NSW Department of Customer Service v Kalkan [2022] NSWCATAP 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner for Fair Trading, NSW Department of Customer Service v Kalkan [2022] NSWCATAP 112 Hearing dates: 17 January 2022 28 January 2022 (final submissions) Date of orders: 13 April 2022 Decision date: 13 April 2022 Jurisdiction: Appeal Panel Before: A Britton, Deputy President A Suthers, Principal Member Decision: (1) The appeal is allowed. (2) The decision of the Tribunal made on 2 September 2021, is set aside. (3) In substitution for that decision the decision made by the Commissioner on 29 April 2021 to refuse to grant Mr Kalkan a contractor licence is affirmed. Catchwords: ADMINISTRATIVE LAW – whether in reviewing administratively reviewable decision under Administrative Decisions Review Act 1997 (NSW) Tribunal is to apply version of enabling legislation in effect at time of Tribunal's decision Legislation Cited: Acts Interpretation Act 1901 (Cth), s 8(c) Administrative Appeals Tribunal Act 1975 (Cth) Administrative Decisions Review Act 1997 (NSW), ss 63, 63(1), 64(1), 64(5), 65(2), 83B(1); Div 3 of Pt 3 Building Legislation Amendment Act 2021 (NSW), Sch 3, cl 1 and 4 of Sch 3; cl 159 of Sch 4, cl 159(1) of Sch 4 Civil and Administrative Tribunal Act 2013 (NSW), ss 80(1)(e), 80(2)(b) Commonwealth Employees' Rehabilitation and Compensation Act 1988 (Cth) Compensation (Commonwealth Government Employees) Act 1971 (Cth) Home Building Act 1989 (NSW), ss 4, 20, 20(1), 20(1)(a1), 20(2), 20(2)(a)-(b), 20(3), 21, 33B, 33C, 33D, 33D(1)(a)-(b); cl 2 of Sch 1 Home Building Regulation 2014 (NSW), cls 13, 14 Interpretation Act 1987 (NSW), s 30(1)(c) Migration Act 1958 (Cth) Cases Cited: Carrigan v NSW Fair Trading [2018] NSWCATOD 60 Duncan v Commissioner of Fair Trading, New South Wales Office of Fair Trading [2008] NSWADT 121 Esber v Commonwealth [1992] HCA 20; (1992) 174 CLR 430 McGowen v Commissioner of Fair Trading [2021] NSWCATAD 46 Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31 Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108 Texts Cited: Nil Category: Principal judgment Parties: Commissioner for Fair Trading, NSW Department of Customer Service (Appellant) Ali Kalkan (Respondent) Representation: Solicitors: NSW Department of Customer Service (Appellant) Respondent (self-represented)