SNB Plus 3 Pty Ltd (Macleay Trailers & Steel Fabrications) v Commissioner for Fair Trading [2023] NSWCATOD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SNB Plus 3 Pty Ltd (Macleay Trailers & Steel Fabrications) v Commissioner for Fair Trading [2023] NSWCATOD 29 Hearing dates: 1 March 2023 Date of orders: 14 March 2023 Decision date: 14 March 2023 Jurisdiction: Occupational Division Before: J Levine, Senior Member Decision: (1) The Decision under review is affirmed. (2) The stay granted by the Tribunal on 3 August 2022 is lifted. Catchwords: ADMINISTRATIVE REVIEW – Motor Dealers and Repairers – Application under Motor Dealers and Repairers Act 2013 – whether manager a 'nominated person' for purpose of motor dealer licence renewal application form – whether licence was renewed in error or because of a misrepresentation and therefore properly cancelled under section 22A(1) of Motor Dealers and Repairers Act 2013 Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Motor Dealers and Repairers Act 2007 (NSW) Motor Dealers and Repairers Regulation 2014 (NSW) Cases Cited: nil Texts Cited: nil Category: Principal judgment Parties: SNB Plus 3 PTY LTD (Macleay Trailers & Steel Fabrications) (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: I Fraser (Applicant) C Lambert (Respondent)

Solicitors: Lindeman Lawyers (Applicant) Department of Customer Service (Respondent) File Number(s): 2022/00221160 Publication restriction: nil