Effective Building & Construction Pty Ltd v Commissioner for Fair Trading [2022] NSWCATOD 180

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Effective Building & Construction Pty Ltd v Commissioner for Fair Trading [2022] NSWCATOD 180 Hearing dates: 11 October 2022 Date of orders: 28 November 2022 Decision date: 28 November 2022 Jurisdiction: Occupational Division Before: J D Little, Senior Member Decision: (1) The decision made by the Respondent on 17 January 2022, under s 62 of the Home Building Act 1989 (NSW), in respect of the Applicant, is varied by reducing the period the Applicant is disqualified from holding an authority under the Home Building Act from 10 years to 2 years. (2) The decision is otherwise affirmed. Catchwords: BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Disqualification — Fit and proper person Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Home Building Act 1989 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Grenfell v Director General Department of Finance and Services [2013] NSWADT 57 McDonald v Guardianship Administration Board [1993] 1 VR 521 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93 Youssef v NSW Legal Services Commissioner [2020] NSWCATOD 85 Texts Cited: None cited Category: Principal judgment Parties: Effective Building & Construction Pty Ltd (Applicant) Commissioner for Fair Trading, Department of Customer Service (Respondent) Representation: Counsel: M Watts (Applicants) A Douglas-Baker (Respondent)