Alzaaim v Commissioner for Fair Trading [2022] NSWCATOD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alzaaim v Commissioner for Fair Trading [2022] NSWCATOD 139 Hearing dates: 26 August 2022 Date of orders: 04 November 2022 Decision date: 04 November 2022 Jurisdiction: Occupational Division Before: J Levine, Senior Member Decision: The Decision under review is affirmed. (1) The Decision under review with respect to cancellation of registration in the class of design practitioner—drainage is affirmed. (2) The Decision under review with respect to cancellation of registration in the class of design practitioner—fire systems (detection and alarm systems) is set aside and remitted to the administrator for reconsideration. (3) The Decision under review with respect to cancellation of registration in the class of design practitioner—vertical transportation is affirmed. (4) The Decision under review with respect to cancellation of registration in the class of design practitioner—mechanical engineering is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Registration under the Design and Building Practitioners Act 2020 (NSW) – Cancellation of registration as design practitioner in classes of drainage, fire systems (detection and alarm systems), vertical transportation, mechanical engineering – Whether Applicant meets qualifications criteria in Design and Building Practitioners Regulation 2021 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Design and Building Practitioners Act 2020 (NSW) Design and Building Practitioners Regulation 2021 (NSW) Cases Cited: Shi v Migration Agents Registration Authority [2008] HCA 31 McDonald v Director General of Social Security (1984) 1 FCR 353 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Texts Cited: None cited Category: Principal judgment Parties: Mohamad Humam Alzaaim (Applicant) Commissioner for Fair Trading (Respondent) Representation: Applicant (Self Represented) Customer Service NSW (Respondent) File Number(s): 2022/00106203 Publication restriction: Nil