Goodman v Commissioner for Fair Trading [2023] NSWCATOD 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Goodman v Commissioner for Fair Trading [2023] NSWCATOD 66 Hearing dates: 21 and 22 November 2022, last submissions 13 March 2023 Date of orders: 22 May 2023 Decision date: 22 May 2023 Jurisdiction: Occupational Division Before: L Andelman, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – Home Building Act - administrative review of decision to refuse application for renewal of licence – fit and proper person requirement – whether applicant took all reasonable steps to avoid external administration -whether applicant is capable of doing the work for which the certificate is required. Legislation Cited: Administrative Disputes Review Act 1997 Home Building Act 1989 Cases Cited: Clarke v Commissioner of Fair Trading, Office of Fair Trading [2004] NSWADT 273 Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28; (1955) 93 CLR 127 Obradovic v Commissioner for Fair Trading, Office of Fair Trading (GD) [2006] NSWADTAP 18 Poytress v Director General, NSW Fair Trading [2015] NSWCATOD 100 PSG Security Group Pty Ltd v Commissioner of Police, NSW Police Force; ERA Security Group Pty Ltd v Commissioner of Police, NSW Police Force [2022] NSWCATOD 164 Sobey v Commercial and Private Agents Board (1979) 20 SASR 70 Texts Cited: Nil Cited Category: Principal judgment Parties: Ciaran Goodman (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: O'Connor D (Applicant) Lambert C (Respondent)