Tom v Commissioner of Fair Trading [2022] NSWCATOD 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tom v Commissioner of Fair Trading [2022] NSWCATOD 57 Hearing dates: 26 May 2022 Date of orders: 02 June 2022 Decision date: 02 June 2022 Jurisdiction: Occupational Division Before: T Simon, Principal Member Decision: (1) The application to join Deirdre Webster as a respondent to the proceedings is refused. (2) The application for an order for Deirdre Webster to provide access to the subject property is refused. (3) The application for adjournment of the final hearing is refused. Catchwords: ADMINISTRATIVE LAW - REVIEW OF DECISION BY EXTERNAL DECISION-MAKER — decision to cancel contractor licence and disqualify a licence holder pursuant to section 62 of the Home Building Act 1989 (NSW) PRACTICE AND PROCEDURE — INTERLOCUTORY ORDER – joining a complainant to proceedings — access for the purposes of an inspection Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Liquor Act 2007 Police Act 1990 Cases Cited: Commissioner of Police, New South Wales Police Force v Fine [2014] NSWCA 327 High Court in R v Australian Broadcasting Tribunal; Ex parte Hardiman [1980] HCA 13; 144 CLR 13 Holideck Pty Limited [2015] NSWSC 2066 Webster v Tom [2018] NSWCATCD 6 Webster v Tom [2019] NSWCATAP 75. Category: Procedural rulings Parties: Andrew Tom (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel A G Martin (Applicant) A Douglas-Baker (Respondent)