Masri v Commissioner for Fair Trading [2023] NSWCATOD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Masri v Commissioner for Fair Trading [2023] NSWCATOD 73 Hearing dates: 18 May 2023 Date of orders: 18 May 2023 Decision date: 06 June 2023 Jurisdiction: Occupational Division Before: L Andelman, Senior Member Decision: (1) The decision by the Commissioner for Fair Trading to refuse the Applicant's application for an owner-building permit is set aside. (2) The decision is made that the Applicant's application for an owner-building permit is granted. (3) The Respondent's application to dismiss the application is refused. Catchwords: ADMINISTRATIVE LAW – Home Building Act - administrative review of decision to refuse application for owner builder permit – special circumstances - occupancy CIVIL PROCEDURE – summary disposal – dismissal of proceedings Legislation Cited: Administrative Disputes Review Act 1997 Civil and Administrative Tribunal Act 2013 Environmental Planning and Assessment Act 1979 Home Building Act 1989 Cases Cited: Hammoudi v Commissioner for Fair Trading [2016] NSWCATOD 57 McGufficke v Commissioner for Fair Trading [2022] NSWCATAD 176 Oslear v Commissioner for Fair Trading [2022] NSWCATAD 176 Texts Cited: None cited Category: Principal judgment Parties: Rashid Masri (Applicant) Commissioner for Fair Trading (Respondent) Representation: Applicant (Self-Represented) Legal Services (Respondent) File Number(s): 2023/0025942 Publication restriction: Nil