Paul Voutef v Commissioner for Fair Trading [2023] NSWCATOD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Paul Voutef v Commissioner for Fair Trading [2023] NSWCATOD 79 Hearing dates: 15 May 2023 Date of orders: 13 June 2023 Decision date: 13 June 2023 Jurisdiction: Occupational Division Before: J Levine, Senior Member Decision: (1) The Decision under review is set aside. (2) A contractor licence in the categories of Wall & Floor Tiler and Waterproofing Technician is to be issued to the Applicant under the Home Building Act 1989 (NSW). Catchwords: ADMINISTRATIVE REVIEW – Whether Applicant is disqualified under sections 20(1)(c) and 33A of Home Building Act 1989 (NSW) – Whether offence involving honesty should be ignored under section 33A(2) of Home Building Act 1989 (NSW) because of the time that has passed – Whether Applicant is a fit and proper person to hold contractor licence under sections 20(1)(a) and 20(1A) of Home Building Act 1989 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bek v Commissioner for Fair Trading [2004] NSWADT 149 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Eleter v Director-General, Department of Fair Trading [2002] NSWADT 138 Farah v Director General, Department of Finance and Services [2014] NSWCATAP23 Farah v Director General, Department of Finance and Services [2013] NSWADT 198 Gambino v Commissioner for NSW Fair Trading [2014] NSWCATOD 135 Grenfell v Director General Department of Finance and Services [2013] NSWADT 57 Hadroj v Director General, Department of Fair Trading [2002] NSWADT 95 Hughes and Vale Pty Ltd v The State of New South Wales (1955) 93 CLR 127 Hunt v Director General, Department of Services Technology and Administration [2010] NSWADT 186 Livaja v Cmr for Fair Trading, Dept of Finance, Services and Innovation [2020] NSWCATOD 17 Luk v Commissioner of Police, NSW Police [2019] NSWCATAP Appeal 23 Nizhnikov v Commissioner for Fair Trading [2006] NSWADT 284 Parvin v Commissioner for Fair Trading [2005] NSWADT 34 Sobey v Commercial and Private Agents Board (1979) SASR 70 AT 76 Song v Commissioner for Fair Trading, NSW Office of Fair Trading [2006] NSWADT 218 Yelland v Commissioner for Fair Trading [2005] NSWADT 293 Texts Cited: None Category: Principal judgment Parties: Paul Voutef (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Paul Voutef (Self-Represented) Customer Service NSW (Respondent) File Number(s): 2023/00002108 Publication restriction: Nil