Cumberland Building Pty Ltd v Commissioner for Fair Trading [2023] NSWCATOD 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cumberland Building Pty Ltd v Commissioner for Fair Trading [2023] NSWCATOD 74 Hearing dates: 2 June 2023 Date of orders: 08 June 2023 Decision date: 08 June 2023 Jurisdiction: Occupational Division Before: T Simon, Principal Member Decision: (1) The proceedings are dismissed. Catchwords: ADMINISTRATIVE REVIEW – Home Building Act – refusal to remove – jurisdiction – decision refusing to remove a notation of work orders on the register – administratively reviewable decision. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Preston v Commissioner for Fair Trading [2011] NSWCA 40 Category: Principal judgment Parties: Cumberland Building Pty Ltd (applicant) Commissioner of Fair Trading (respondent) Representation: Counsel: M Glavin (applicant)

Solicitors: Watson Webb (applicant) Legal, Corporate Services, Department of Customer Service (respondent) File Number(s): 2023/00172277

Reasons for decision 1. On 30 May 2023, Cumberland Building Pty Ltd (the builder) lodged an application seeking review of a decision of the respondent (the Commissioner) refusing to remove a notation from the register which the Secretary is required to maintain under s 120 of the Home Building Act 1989 (NSW) (HB Act). 2. The builder also sought an interim order for the proceedings to be expedited. The Tribunal made directions requiring the parties to provide documents and submissions on whether there is any administratively reviewable decision in respect of which the Tribunal has administrative review jurisdiction. Having considered the written material and oral submissions of the parties, I find that there is no administratively reviewable decision and have determined to dismiss the proceedings.