O’Loughlin v Commissioner for Fair Trading [2023] NSWCATAP 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Loughlin v Commissioner for Fair Trading [2023] NSWCATAP 87 Hearing dates: 9 December 2022 Date of orders: 28 March 2023 Decision date: 28 March 2023 Jurisdiction: Appeal Panel Before: Armstrong J, President E Bishop SC, Senior Member Decision: (1) Leave to appeal is refused Catchwords: OCCUPATIONAL — application for restoration of builder's licence previously held by appellant — whether failure to renew due to inadvertence — whether just and equitable to restore licence — application for new builder' licence or supervisor certificate — necessary qualifications for a licence or certificate — transitional arrangements LEAVE TO APPEAL — where grounds for leave to appeal are not established Legislation Cited: Home Building Act 1989 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Choi v Secretary, Department of Justice and Communities [2022] NSWCA 170 Commissioner for Fair Trading, NSW Department of Customer Service v Kalkan [2022] NSWCATAP 112 Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208 House v The King (1936) 55 CLR 499 Islam v Metricon Homes Pty Ltd [2018] NSWCATAP 116 Ros v Commissioner of Police [2020] NSWCATAP 70 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: John Joseph O'Loughlin (Appellant) Commissioner for Fair Trading (Respondent) Representation: Appellant (Self Represented) Department of Customer Service (Respondent) File Number(s): 2022/00259443 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Occupational Division Citation: [2022] NSWCATOD 168 Date of Decision: 23 August 2022 Before: K Mobbs, Senior Member File Number(s): 2021/00314281