Goodman v Commissioner for Fair Trading [2023] NSWCATAP 260

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Goodman v Commissioner for Fair Trading [2023] NSWCATAP 260 Hearing dates: 11 September 2023 Date of orders: 19 September 2023 Decision date: 19 September 2023 Jurisdiction: Appeal Panel Before: A Balla ADCJ, Principal Member S Thode, Principal Member Decision: Appeal dismissed. Catchwords: OCCUPATIONAL — Home Building Act 1989 (NSW) - application for restoration of supervisor certificate previously held by appellant - whether appellant took all reasonable steps to avoid external administration – whether appellant is a fit and proper person – whether error established Legislation Cited: Administrative Disputes Review Act (NSW) 1997 s63 Civil and Administrative Tribunal Act 2013 (NSW) s 80(2) Home Building Act 1989 s25(1)(a), s33B, 33D Cases Cited: Clarke v Commissioner of Fair Trading, Office of Fair Trading [2004] NSWADT 273 Department of Family and Community Services v Smith [2017] NSWCA 206, Hans v Building Professionals Board [2008] NSWADT 285 Poytress v Director General, NSW Fair Trading [2015] NSWCATOD 100 Ros v Commissioner of Police [2020] NSWCATAP 70 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Soulemezis v Dudley (Holdings) Pty Ltd 10 NSWLR 247 Texts Cited: None cited. Category: Principal judgment Parties: Ciaran Goodman (Appellant) Commissioner for Fair Trading (Respondent) Representation: Counsel: D O'Connor (Appellant) C Lambert (Respondent)