Nassif v Commissioner of Fair Trading; Toplace Pty Ltd v Commissioner of Fair Trading (No 2) [2023] NSWCATOD 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nassif v Commissioner of Fair Trading; Toplace Pty Ltd v Commissioner of Fair Trading (No 2) [2023] NSWCATOD 98 Hearing dates: 29 June 2023 Date of orders: 06 July 2023 Decision date: 06 July 2023 Jurisdiction: Occupational Division Before: T Simon, Principal Member Decision: In matter 2022/00375413: (1) The Tribunal revokes the stay order, made by the Tribunal on 5 January 2023, on the decision of the Commissioner of Fair Trading to cancel Jean Khazen Nassif's supervisor certificate no. 21450S and disqualify him from holding any authority under the Home Building Act 1989 (NSW). In matter 2022/00375423: (1) The Tribunal revokes the stay order, made by the Tribunal on 5 January 2023, on the decision of Commissioner of Fair Trading to cancel Toplace Pty Ltd's contractor licence no. 215731C and disqualify Toplace Pty Ltd from holding any authority under the Home Building Act 1989 (NSW). Catchwords: ADMINISTRATIVE LAW – review of decision by external decision-maker – decision to cancel contractor licence and disqualify a licence holder pursuant to the Home Building Act 1989 (NSW) PRACTICE AND PROCEDURE – interlocutory order – revoking stay order Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth), s 41 Administrative Decisions Review Act 1997 (NSW), s 60 Crimes Act 1900 (NSW), s 192E Home Building Act 1989 (NSW), ss 20, 22, 33B, 33C, Sch 1 cl 1 Licensing and Registration (Uniform Procedures) Act 2002 (NSW), ss 7, 12 Cases Cited: Australian Institute of Technical Training Pty Ltd and Minister for Education and Training [2018] AATA 5392 Miller v SafeWork NSW [2016] NSWCATAD 238 Nassif v Commissioner for Fair Trading; Toplace Pty Ltd v Commissioner for Fair Trading [2023] NSWCATOD 4 QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Category: Principal judgment Parties: In matter 2022/00375413: Jean Khazen Nassif (Applicant) Commissioner for Fair Trading (Respondent)