Nassif v Commissioner for Fair Trading; Toplace Pty Ltd v Commissioner for Fair Trading [2023] NSWCATOD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nassif v Commissioner for Fair Trading; Toplace Pty Ltd v Commissioner for Fair Trading [2023] NSWCATOD 4 Hearing dates: 20 December 2022 Date of orders: 05 January 2023 Decision date: 05 January 2023 Jurisdiction: Occupational Division Before: T Simon, Principal Member Decision: In matter 2022/00375413: (1) The decision of the Commissioner for Fair Trading, made on 2 December 2022, to cancel Jean Khazen Nassif's supervisor certificate No. 21450S and disqualify him from holding any authority under the Home Building Act 1989, is stayed until determination of the application to review the decision (filed 13 December 2022) on condition that: Jean Khazen Nassif will not enter into any further contracts to do residential building work without the consent of the respondent or leave of the Tribunal In matter 2022/00375423: (1) The decision of the Commissioner for Fair Trading, made on 1 December 2022, to cancel Toplace Pty Ltd's contractor licence No. 215731C and disqualify Toplace Pty Ltd from holding any authority under the Home Building Act 1989, is stayed until determination of the application to review the decision (filed 13 December 2022) and on condition that: Toplace Pty Ltd will not enter into any further contracts to do residential building work without the consent of the respondent or leave of the Tribunal. Catchwords: ADMINISTRATIVE LAW - REVIEW OF DECISION BY EXTERNAL DECISION-MAKER — decision to cancel contractor licence and disqualify a licence holder pursuant to the Home Building Act 1989 (NSW)