Kember v Commissioner for Fair Trading [2023] NSWCATOD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kember v Commissioner for Fair Trading [2023] NSWCATOD 60 Hearing dates: 4 May 2023 Date of orders: 11 May 2023 Decision date: 11 May 2023 Jurisdiction: Occupational Division Before: T Simon, Principal Member Decision: (1) The decision under review is set aside. (2) In substitution for that decision, the Tribunal grants the applicant a contractor licence in the categories of Carpenter, General Concretor and Kitchen Bathroom Laundry Renovator "general building work" under the Home Building Act 1989 (NSW) (3) The Commissioner is to grant the individual endorsed contractor licence to the applicant within 23 May 2023. Catchwords: ADMINISTRATIVE LAW - REVIEW OF DECISION BY EXTERNAL DECISION-MAKER — decision to refuse contractor licence pursuant to the Home Building Act 1989 (NSW) – fit and proper person Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Firearms Act 1996 (NSW) Home Building Act 1989 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Lal v Director-General, Department of Transport [2001] NSWADT 74 R v Kember [2020] NSWDC 101 Category: Principal judgment Parties: Shane Kember (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Legal, Corporate Services, Department of Customer Service (Respondent) File Number(s): 2023/49805 Publication restriction: Nil