Shoostovian v Commissioner for Fair Trading [2022] NSWCATOD 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shoostovian v Commissioner for Fair Trading [2022] NSWCATOD 93 Hearing dates: 17 November 2021, 4 March 2022. (Submissions Closed 10 June 2022) Date of orders: 26 August 2022 Decision date: 26 August 2022 Jurisdiction: Occupational Division Before: J McAteer Senior Member Decision: (1) The decision of the respondent is affirmed. (2) Any submission by the applicant for costs is to be filed and served within 14 days of publication of these reasons. Catchwords: HOME BUILDING ACT – Fit and Proper person – whether person of good repute – disqualification – consumer protection – seriousness of offending Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Consumer Credit Administration Act 1995 (NSW) Home Building Act 1989 Property Stock and Agents Act 2002 (repealed) Property Stock and Business Agents Act 2002 Cases Cited: Australian Broadcasting Tribunal v Bond 1990 170 CLR Cobar Constructions Pty Ltd v Director General New South Wales Fair Trading [2015] NSWCATOD 67 Commissioner for Fair Trading, Department of Commerce v Armond Shoostovian [2009] NSWSC 713 Director General Ministry of Transport v FV (GD) [2008] NSWADTAP 60 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Edwards v Commissioner for Fair Trading, Department of Finance Services and Innovation [2019] NSWCATAP 208 Dinh v Commissioner for Fair Trading [2016] NSWCATOD 77 Hughes and Vale v the State of New South Wales (1995) CLR 127 McIvor v Commissioner for Fair Trading [2017] NSWCATAD 258 Pobje v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 142 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 35 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Texts Cited: None Category: Principal judgment Parties: Armond Shoostovian (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: Mr M Klooster (Applicant) Mr T Bagley (Respondent) Solicitors: Ronayne Owens Lawyers (Applicant) Legal, Commissioner for Fair Trading (Respondent) File Number(s): 2020/00361923 Publication restriction: Nil