O’Loughlin v Commissioner for Fair Trading [2022] NSWCATOD 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Loughlin v Commissioner for Fair Trading [2022] NSWCATOD 168 Hearing dates: 16 February 2022 Date of orders: 23 August 2022 Decision date: 23 August 2022 Jurisdiction: Occupational Division Before: K Mobbs, Senior Member Decision: The decision under review is affirmed Catchwords: ADMINISTRATIVE LAW – administrative review – licensing – endorsed contractor licence – restoration of authority – whether failure to renew due to inadvertence – whether just and equitable to allow restoration of authority – whether Applicant meets requirements for issue of licence – application of Instrument –qualifications Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Interpretation Act 1987 Licensing and Registration (Uniform Procedures) Act 2002 Property and Stock Agents Act 2002 Cases Cited: Commissioner for Fair Trading, NSW Department of Customer Service v Kalkan [2022] NSWCATAP 112 Cremer v Commissioner for Fair Trading [2022] NSWCATAD 19 (new citation [2022] NSWCATOD 173) King-Osborn v Commissioner of Fair Trading [2022] NSWCATOD 1 McDonald v Director-General of Social Security (1984) 1 FCR 354 at 357 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Nyunt v North Shore Homes Pty Ltd [2020] NSWCATAP 143 Shi v Migration Agents Registration Authority [2008] HCA 31 Stanford v Stanford (2012) 247 CLR 108; [2012] HCA 52 The Concept Developer Pty Ltd v Conroy [2015] VSC 464 Category: Principal judgment Parties: John Joseph O'Loughlin (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Applicant (Self-represented) Department of Customer Service (Respondent) File Number(s): 2021/00314281 Publication restriction: Nil