Ur Rehman v Commissioner for Fair Trading [2023] NSWCATOD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ur Rehman v Commissioner for Fair Trading [2023] NSWCATOD 102 Hearing dates: 5 April 2023 Date of orders: 13 July 2023 Decision date: 13 July 2023 Jurisdiction: Occupational Division Before: D Dinnen, Senior Member Decision: (1) The respondent's decision is varied in accordance with these reasons for decision to impose the following disciplinary action on Faisal Ur Rehman (the Applicant) pursuant to section 62 of the Home Building Act 1989 (NSW) (HBA) and section 198 of the Property and Stock Agents Act 2002 (NSW) (PSAA): (a) Cancellation of the Applicant's Contractor Licence No. 324588C and Supervisor Certificate No. 90170S pursuant to section 62(1)(f) of the HBA; (b) Disqualifying the Applicant from holding a Contractor Licence in the category of Bricklayer under the HBA for a period of 12 months pursuant to section 62(1)(g)(i) of the HBA; (c) Disqualifying the Applicant from holding a Supervisor Certificate in the category of Builder under the HBA for a period of 3 years and 9 months pursuant to section 62(1)(g)(i) of the HBA (d) Cancellation of the Applicant's Real Estate Licence No. 20155529 and Certificate of Registration 1520083 pursuant to section 192(1)(g) of the PSAA; (e) Declaring the Applicant to be a disqualified person for the purposes of the PSAA for a period of 12 months pursuant to section 192(1)(h) of the PSAA; and (f) Disqualifying the Applicant from being involved in the direction, management or conduct of the business of a licensee under the PSAA for a period of 3 years and 9 months pursuant to section 192(1)(i) of the PSAA. Catchwords: ADMINISTRATIVE LAW – OCCUPATIONS – Home Building – Contractor licence – supervisor certificate - Real Estate – Class 1 Licence – Assistant Agent certificate - improper conduct – fit and proper person – - disciplinary action – imposition of penalties - cancellation - disqualification Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Home Building Act 1989 Home Building Regulation 2014 Licensing and Registration (Uniform Procedures) Act 2002 Property and Stock Agents Act 2002 Cases Cited: AJO v Director-General Department of Transport [2012] NSWADT 101 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Carrigan v NSW Fair Trading [2018] NSWCATOD 60 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Limberis v Commissioner for Fair Trading [2017] NSWCATOD 128 Magerovski v Commissioner for Fair Trading, Department of Finance, Services and Innovation; Service Today NSW v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2018] NSWCATAD 192 Maher v Department of Fair Trading [2019] NSWCATOD 21 Melbourne v The Queen (1999) 198 CLR 1 Poytress v Director General, NSW Fair Trading [2015] NSWCATOD 100 Smith v Commissioner of Police, NSW Police Force & NSW Fair Trading [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 20 SASR 70 (SASC) Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108 Category: Principal judgment Parties: Faisal Ur Rehman (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Applicant (self-represented) Legal Services, Department of Customer Service (Respondent) File Number(s): 2022/00256402 Publication restriction: none