Jackson v Commissioner for Fair Trading [2022] NSWCATOD 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jackson v Commissioner for Fair Trading [2022] NSWCATOD 189 Hearing dates: on the papers Date of orders: 13 October 2022 Decision date: 13 October 2022 Jurisdiction: Occupational Division Before: S E Frost, Senior Member Decision: 1. The parties having been given the opportunity to make submissions as to whether the Tribunal should dispense with a hearing, and being satisfied that the matter can be adequately determined in the absence of the parties, the Tribunal dispenses with a hearing pursuant to s 50(2) Civil and Administrative Tribunal Act 2013. 2. The application is dismissed for want of jurisdiction. Catchwords: ADMINISTRATIVE REVIEW - jurisdiction - dismissal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Building and Development Certifiers Act 2018 (NSW) Building and Development Certifiers Regulation 2020 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Swimming Pools Act 1992 (NSW) Swimming Pools Regulation 2018 (NSW) Cases Cited: None Texts Cited: None Category: Principal judgment Parties: Garth Brenton Jackson (Applicant) Commissioner for Fair Trading (Respondent) Representation: Applicant (Self-represented) Department of Customer Service (Respondent) File Number(s): 2022/00202024 Publication restriction: None

REASONS FOR DECISION 1. Garth Jackson has applied to the Tribunal for administrative review of certain action taken by the Commissioner for Fair Trading. The question for the Tribunal is whether it has jurisdiction to deal with Mr Jackson's application. 2. The parties were given the opportunity to make submissions as to whether the Tribunal should dispense with a hearing. Being satisfied that the matter could be adequately determined in the absence of the parties, the Tribunal dispensed with a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) (the NCAT Act).