Storer v Commissioner for Fair Trading [2021] NSWCATOD 222

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Storer v Commissioner for Fair Trading [2021] NSWCATOD 222 Hearing dates: 9 November 2021 Date of orders: 9 November 2021 Decision date: 09 November 2021 Jurisdiction: Occupational Division Before: T Simon, Principal Member Decision: (1) The decision of the respondent dated 26 October 2021 to take disciplinary action against Jason Storer (Accreditation Number BDC0394) is stayed until 16 November 2021 on the following conditions: (i) The stay is only allowed to the extent that it permits the applicant to be replaced on projects which he is currently the Principal Certifier. (ii) The applicant is otherwise not authorised to undertake any other functions as a building certifier. (2) The application for a stay is otherwise dismissed. Catchwords: REVIEW OF DECISION BY EXTERNAL DECISION-MAKER — decision to cancel registration as a certifiers pursuant to section 48 of the Building Professionals Certifiers Act 2018 (NSW)

PRACTICE AND PROCEDURE — INTERLOCUTORY ORDER – application for stay— factors relevant to exercise of the power to stay decision under section 60 of the Administrative Decisions Review Act 1997 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 Building and Development Certifiers Act 2018 Building Professionals Act 2005 Environment Planning and Assessment Regulation 2000 Cases Cited: QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Category: Principal judgment Parties: Jason Storer (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: R Lovas (Applicant) M Fozzard (Respondent) Solicitors: Lovegrove & Cotton (Applicant) Legal, Corporate Services, Department of Customer Services (Respondent) File Number(s): 2021/00309916 Publication restriction: None