Chalhoub v Commissioner for Fair Trading [2023] NSWCATOD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chalhoub v Commissioner for Fair Trading [2023] NSWCATOD 142 Hearing dates: 11 August 2023 Date of orders: 22 September 2023 Decision date: 22 September 2023 Jurisdiction: Occupational Division Before: J D Little, Senior Member Decision: 1. The decision under review is set aside. 2. In substitution for that decision, the Tribunal grants the applicant a contractor licence in the categories of general concreter under the Home Building Act 1989 (NSW) 3. The Commissioner is to grant the individual endorsed contractor licence to the applicant within 3 weeks of this decision. Catchwords: ADMINISTRATIVE LAW - REVIEW OF DECISION BY EXTERNAL DECISION-MAKER — decision to refuse contractor licence pursuant to the Home Building Act 1989 (NSW) – fit and proper person Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Firearms Act 1996 (NSW) Home Building Act 1989 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Jones v Dunkel [1959] HCA 8; 101 CLR 298 R v Smith [2023] NSWDC 88 R v Smith [2023] NSWDC 254 Texts Cited: None Category: Principal judgment Parties: Gabriel Chalhoub (Applicant) Commissioner for Fair Trading (Respondent) Representation: Self-represented (Applicant) Department of Customer Service (Respondent) File Number(s): 2023/00168161 Publication restriction: None