Orfali v Commissioner for Fair Trading [2024] NSWCATOD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Orfali v Commissioner for Fair Trading [2024] NSWCATOD 4 Hearing dates: 11 and 12 September 2023 Date of orders: 11 January 2024 Decision date: 11 January 2024 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member Decision: The decisions under review are affirmed. Catchwords: ADMINISTRATIVE REVIEW – Registered certifier – Whether disciplinary grounds established – Whether decisions to cancel applicant's registration and disqualify him from registration for 10 years are the correct and preferable decisions Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Building Professionals Act 2005 (NSW) (repealed) Building and Development Certifiers Act 2018 (NSW) Building and Development Certifiers Regulation 2020 (NSW) Building Professionals Regulation 2007 (NSW) (repealed) Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) (repealed) Environmental Planning and Assessment Regulation 2021 (NSW) Standard Instrument—Principal Local Environmental Plan (2006 EPI 155a) (NSW) State Environmental Planning Policy (Affordable Rental Housing) 2009 (NSW) (repealed) State Environmental Planning Policy (Housing) 2021 (NSW) Strata Schemes Development Act 2015 (NSW) Swimming Pools Act 1992 (NSW) Cases Cited: Blacktown City Council v Haddad [2012] NSWLEC 224 Briginshaw v Briginshaw (1938) 60 CLR 336 Building Professionals Board v Boulle [2008] NSWADT 80 Building Professionals Board v Cogo [2008] NSWADT 119 Freixas v Commissioner for Fair Trading, Department of Customer Service (No 2) [2020] NSWCATOD 78 Lilli v Building Professionals Board [2019] NSWCATOD 119 McAuley v Northern Region Joint Regional Planning Panel [2013] NSWLEC 125 Murrant v Building Professionals Board [2019] NSWCATOD 130 Qiu v Building Professionals Board [2013] NSWADT 289 Category: Principal judgment Parties: Mohamad Orfali (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: J Bennett (Applicant) M Fozzard (Respondent)