Hamdan v Commissioner for Fair Trading [2023] NSWCATOD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hamdan v Commissioner for Fair Trading [2023] NSWCATOD 147 Hearing dates: 31 July 2023 Date of orders: 27 September 2023 Decision date: 27 September 2023 Jurisdiction: Occupational Division Before: S E Frost, Senior Member Decision: 1. The decision to cancel the Applicant's contractor licence is set aside. Instead the Tribunal decides the licence is not cancelled. 2. The decision to temporarily disqualify the Applicant from holding any authority under the Home Building Act 1989 (NSW) (HBA) for a period of 5 years is set aside. Instead the Tribunal decides the Applicant is not so disqualified. 3. The decision to temporarily disqualify the Applicant from being a member of a partnership, or an officer of a corporation that is a member of a partnership, that is the holder of an authority under the HBA for a period of 5 years is set aside. Instead the Tribunal decides the Applicant is not so disqualified. 4. The decision to temporarily disqualify the Applicant from being an officer of a corporation that is the holder of an authority under the HBA for a period of 5 years is set aside. Instead the Tribunal decides he is not so disqualified. 5. The Applicant, if he wishes to seek costs, must do so by filing submissions and any evidence in support within 14 days of publication of this decision. 6. The Respondent is to respond to those submissions with submissions of its own and any evidence in support within 14 days thereafter. 7. Such submissions as to costs are to include submissions as to whether or not the Tribunal should dispense with the hearing on the question of costs pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: OCCUPATIONS – Other occupations – Electrical contractors and electricians – whether the Applicant is a fit and proper person to hold the licence Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Melbourne v The Queen (1999) 198 CLR 1 Sobey v Commercial and Private Agents Board (1979) 20 SASR 70 Texts Cited: None Cited Category: Principal judgment Parties: Osama Hamdan (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: D New (Applicant) A Douglas-Baker (Respondent)