Tanbuz v Commissioner for Fair Trading [2023] NSWCATOD 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tanbuz v Commissioner for Fair Trading [2023] NSWCATOD 134 Hearing dates: 10 March 2023 Date of orders: 4 September 2023 Decision date: 04 September 2023 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: 1. The decision under review is set aside. 2. The decision is made that the licence is granted. Catchwords: ADMINISTRATIVE REVIEW – licencing – whether fit and proper person – past convictions – failure to disclose all past convictions - whether rehabilitated – effect of parole Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: AJO v Director-General of Transport [2012] NSWADT 101 Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 94 ALR 11, 65; [1990] HCA 33; (1990) 170 CLR 321 ENK v Commissioner for Fair Trading [2020] NSWCATAD 320 Grenfell v Director General Department of Finance and Services [2013] NSWADT 57 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Smith v Commissioner of Police, New South Wales Police Force and NSW Fair Trading [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Tannous v Commissioner of Police [2011] NSWADT 116 Trombetta v Commissioner for Fair Trading [2018] NSWCATOD 167 Category: Principal judgment Parties: Mohammad Tanbuz (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Macquarie Law Group (Applicant) Legal, Corporate Services, Department of Customer Service (Respondent) File Number(s): 2022/00249076 Publication restriction: Nil