Potts v Commissioner for Fair Trading [2022] NSWCATOD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Potts v Commissioner for Fair Trading [2022] NSWCATOD 142 Hearing dates: 14 December 2021 and 4 February 2022 Date of orders: 9 November 2022 Decision date: 09 November 2022 Jurisdiction: Occupational Division Before: K Mobbs, Senior Member Decision: The decision under review is affirmed. Catchwords: HOME BUILDING – contractor licence – whether fit and proper person – criminal convictions – rehabilitation - parole – candor Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Home Building Act 1989 (NSW) Licensing and Registration (Uniform Procedures) Act 2002 (NSW) Motor Vehicle Repairs Act 1980 (NSW) Property, Stock and Business Agents Act 2002 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: AJO v Director-General of Transport [2012] NSWADT 101 Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Giri v Roads and Maritime Services [2012] NSWADT 241 Grenfell v Director General Department of Finance and Services [2013] NSWADT 57 Harries v Commissioner for Fair Trading, NSW Office of Fair Trading [2006] NSWADT 203 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Lee v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2018] NSWCATOD 101 McEvoy v Director General of the Department of Fair Trading [2000] NSWLEC 183 Poytress v Director General, NSW Fair Trading [2015] NSWCATOD 100 Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392 at 402 Rosenstrauss v Department of Finance and Services [2012] NSWADT 264 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Sobey v Commercial and Private Agents Board [1979] 22 SASR 70 Spasevski v Commissioner for Fair Trading [2017] NSWCATOD 53 Category: Principal judgment Parties: Aaron Mathew Potts (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: One Group Legal (Applicant) Department of Customer Service (Respondent) File Number(s): 2021/00236037 Publication restriction: Nil