Oslear v Commissioner for Fair Trading [2022] NSWCATOD 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Oslear v Commissioner for Fair Trading [2022] NSWCATOD 110 Hearing dates: On the papers Date of orders: 30 September 2022 Decision date: 30 September 2022 Jurisdiction: Occupational Division Before: P H Molony, Senior Member Decision: (1) The decision under review is confirmed. Catchwords: ADMINISTRATIVE LAW – administrative review of decision to refuse an owner builder permit for the construction of a detached dual occupancy – whether special circumstances exist justifying the issue of a permit – meaning of special circumstances in s 32(1A) of the Home Building Act 1989 – no special circumstance found. Legislation Cited: Administrative Decisions Review Act 1989 (NSW) Home Building Act 1989 (NSW) Home Building Amendment Act 2014 (NSW) (Repealed) Interpretation Act 1987 (NSW) Cases Cited: Beadle v Director General of Social Security [1984] AATA 176 Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross (2012) 248 CLR 378 CIC Insurance Ltd v Bankstown Football Club Ltd 187 CLR 384; [1997] HCA 2 Hammoudi v Commissioner of Fair Trading [2016] NSWCATOD 57 McGufficke v Commissioner for Fair Trading [2022] NSWCATOD 84. Re Bolton; Ex parte Beane [1987] HCA 12; (1987) 162 CLR 514; 70 ALR 225 Topp and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] AATA 99 Texts Cited: None Category: Principal judgment Parties: Peter Oslear (Applicant) Commissioner for Fair Trading (Respondent) Representation: Applicant (Self-represented) Fair Trading Legal Services (Respondent) File Number(s): 2022/00152189 Publication restriction: None