Tohme v Commissioner for Fair Trading [2022] NSWCATOD 177

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tohme v Commissioner for Fair Trading [2022] NSWCATOD 177 Hearing dates: On the papers Date of orders: 02 June 2022 Decision date: 02 June 2022 Jurisdiction: Occupational Division Before: J D Little, Senior Member Decision: 1. The time for filing of the application is extended to 1 April 2022. 2. The Tribunal dispenses with a hearing in this matter in accordance with section 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: ADMINISTRATIVE REVIEW – application for extension of time in which to seek administrative review – factors relevant to the exercise of that discretion – extension of time granted Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Ministry of Transport v Kharbanda (GD) [2006] NSWADTAP 61 Category: Procedural rulings Parties: Matthew Tohme (Applicant) Commissioner for Fair Trading (Respondent) Representation: Applicant (self-represented) Legal Branch of Customer Services (Respondent) File Number(s): 2022/00083278 Publication restriction: None

REASONS FOR DECISION 1. The Applicant, Mr Matthew Tohme applied to the Respondent for a contractor licence under the Home Building Act 1989 (NSW)(the Act). 2. By refusal notice dated 11 November 2021, the Respondent refused to issue the Applicant a licence. That decision was affirmed on internal review dated 21 January 2022. By application dated 29 March 2022 received by the Tribunal on 1 April 2022, the Applicant applied to the Tribunal for review of the decision. 3. At a directions hearing on 10 May 2022, the Respondent raised as a preliminary issue that the Application for Review was filed out of time, and presumably, did not consent to the late filing. On that date, the Tribunal set a timetable allowing the parties to file and serve any material relating to the issue of whether the time for bringing the Application for Review should be extended (the Application for an Extension). The parties consented to the issue being decided on the papers. 4. The material I had before me consists of: 1. Application for Review dated 29 March 2022 attaching the refusal notice and the internal review determination described above; 2. The Applicant's material in respect of the Application for an Extension which is an email to the Respondent dated 10 May 2022; and 3. Written submissions of the Respondent dated 20 May 2022.