Pearce v Commissioner for Fair Trading [2023] NSWCATOD 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pearce v Commissioner for Fair Trading [2023] NSWCATOD 149 Hearing dates: 21 April 2023 Date of orders: 11 October 2023 Decision date: 11 October 2023 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: 1. The decision to cancel contractor licence number 82617C is affirmed. 2. The decision under review is varied to provide that the period of temporary disqualification of the applicant under ss 62(1)(g)(i), 62(1)(g)(ii) and 62(1)(g)(iii) of the Home Building Act 1989 is for two years from the date of cancellation (6 February 2023). 3. The stay order made on 21 February 2023 is lifted. Catchwords: ADMINISTRATIVE REVIEW – disciplinary action - licencing – criminal offences – failure to disclose all past offence – assault on neighbour while performing building works – whether guilty of improper conduct - whether a fit and proper person 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 Eldridge v Commissioner for Fair Trading [2023] NSWCATOD 32 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 Lal v Director-General, Department of Transport [2001] NSWADT 74 Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 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 Texts Cited: None cited Category: Principal judgment Parties: Christopher James Pearce (Applicant) Commissioner for Fair Trading (Respondent) Representation: Applicant (Self-Represented) Legal, Corporate Services, Department of Customer Service (Respondent) File Number(s): 2023/00043484 Publication restriction: Nil