Bou-Harb v Commissioner for Fair Trading [2023] NSWCATOD 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bou-Harb v Commissioner for Fair Trading [2023] NSWCATOD 160 Hearing dates: 5 June 2023 Date of orders: 9 November 2023 Decision date: 09 November 2023 Jurisdiction: Occupational Division Before: K Mobbs, Senior Member Decision: The decision under review is set aside. Catchwords: ADMINISTRATIVE LAW – Owner Builder Permit – s 31(2)(c) Home Building Act 1989 - Secondary Dwelling –requirement to occupy Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Home Building Amendment Act 2014 (NSW) (Repealed) Interpretation Act 1987 (NSW) Standard Instrument (Local Environmental Plans) Order 2006 Cases Cited: Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross (2012) 248 CLR 378 CIC Insurance Ltd v Bankstown Football Club Ltd 187 CLR 384 Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55 McDonald v Director-General of Social Security (1984) 1 FCR 354 McGufficke v Commissioner for Fair Trading [2022] NSWCATOD 176 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Oslear v Commissioner for Fair Trading [2022] NSWCATOD 110 Shi v Migration Agents Registration Authority [2008] HCA 31 Stock v Wingecarribee Shire Council [2021] NSWLEC 1066 Texts Cited: Nil Category: Principal judgment Parties: John Bou-Harb (Applicant) Commissioner for Fair Trading (Respondent) Representation: Applicant (Self-represented) Department of Customer Service (Respondent) File Number(s): 2023/00025876 Publication restriction: Nil