Tom v Commissioner for Fair Trading [2022] NSWCATAP 303

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tom v Commissioner for Fair Trading [2022] NSWCATAP 303 Hearing dates: 5 August 2022 Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Appeal Panel Before: I Coleman SC ADJC, Principal Member Dr R Dubler SC, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: ADMINISTRATIVE LAW – Decision to cancel contractor licence and disqualify a licence holder pursuant to s 62 of the Home Building Act 1989 (NSW) - Whether the Tribunal in administrative review proceedings has power to order the builder's experts access to the home builder's property for inspection and investigation – Whether in such proceedings the home owner should be joined as a 'proper' party PRACTICE AND PROCEEDURE – In administrative review proceedings where a builder challenges suspension of his building licence by Commissioner of Fair Trading, whether the home owner, in respect of adverse findings made by the Commissioner, is a proper party to be joined to the proceedings - Whether the Tribunal in administrative review proceedings has power to order the builder's experts access to the home builder's property for inspection and investigation Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Administrative Decisions Tribunal Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Bill 2013 Civil and Administrative Tribunal Rules 2014 (NSW) Evidence Act 1995 (NSW) Freedom of Information Act NSW Home Building Act 1989 (NSW) Liquor Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 23.8 Cases Cited: Alphapharm Pty Ltd v Smithkline Beecham (Australia) Pty Ltd [1994] 49 FCR 250 Angela Campbell Pty Ltd as trustee for Halina Superannuation Fund v Westpac Financial Services [2015] NSWSC 1495 Briginshaw v Briginshaw (1938) 60 CLR 336 Chand v Administrative Decisions Tribunal [2011] NSWCA 131 Chen v NSW Land and Housing Corporation [2020] NSWCATAP 128 Commissioner of Police, NSW, Police Force v Fine [2014] NSWCA 327 Commissioner of Police, NSW, Police Force v Robinson [2022] NSWCATAP 121 Council of the NSW Bar Association v Archer [2005] NSWADT 149 In the matter of Holideck Pty Limited [2015] NSWSC 2066 Frost v TAFE NSW [2020] NSWATAD 3 Grassby v R (1989) 168 CLR 1 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 Higgins v NSW Land and Housing Corporation [2022] NSWCATAP 199 House v The King (1936) 55 CLR 499 Kurnell Passenger & Transport Service Pty Limited v Randwick City Council [2008] NSWCA 59 Minister of Immigration & Citizenship v SZIAI (2009) 259 ALR 429 Pelechowski v Registrar, Court of Appeal (NSW) (1999) 198 CLR 435 R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 Raissis v Anaz [2019] NSWCATAP 25 Starr v National Coal Board [1977] 1 WLR 63 Tanious v NSW Land & Housing Corporation [2021] NSWSC 807 Webster v Tom [2018] NSWCATCD 6 Webster v Tom [2019] NSWCATAP 75 ZND v ZNE [2020] NSWCATAP 34 Texts Cited: None cited Category: Principal judgment Parties: Andrew Tom (Appellant) Commissioner for Fair Trading (Respondent) Representation: Counsel: A Martin (Appellant) A Douglas-Baker (Respondent)