Tom v Commissioner of Fair Trading [2022] NSWCATOD 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tom v Commissioner of Fair Trading [2022] NSWCATOD 130 Hearing dates: 24 March 2022 Date of orders: 21 April 2022 Decision date: 21 April 2022 Jurisdiction: Occupational Division Before: T Simon, Principal Member Decision: 1. The builder's licence (contractor Licence No 92385C) for all purposes is treated as on foot from 10 March 2022 until the final determination of the substantive application by the Tribunal in these proceedings. 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 – interim decision — factors relevant to exercise of the power to make the interim decision under section 60 of the Administrative Decisions Review Act 1997 (NSW) — interlocutory decision to take effect retrospectively. Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth) Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 King Eeducational Service Pty Ltd v Chief Executive Officer of the Australian Skills Quality Authority (No 2) [2021] FCA 183 Leslie William Alexander and Migration Agents Registration Board [1995] AATA 261 McBride v Walton [1994] NSWCA 199 QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Shi v Migration Institute of Australia Ltd [2003] FCA 1304; (2003) 134 FCR 326 at 332 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)