Lechowicz v Commissioner of Fair Trading [2024] NSWCATOD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lechowicz v Commissioner of Fair Trading [2024] NSWCATOD 20 Hearing dates: 9 February 2024 Date of orders: 26 February 2024 Decision date: 26 February 2024 Jurisdiction: Occupational Division Before: J D Little, Senior Member Decision: 1. The decision by the Commissioner of Fair Trading to refuse the Applicant's application for an owner-building permit is set aside. 2. The decision is made that the Applicant's application for an owner-building permit is granted. 3. The Respondent's name for the purposes of this proceeding is amended to "Commissioner of Fair Trading". Catchwords: ADMINISTRATIVE LAW – Home Building Act - administrative review of decision to refuse application for owner builder permit – special circumstances - occupancy Legislation Cited: Administrative Disputes Review Act 1997 Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Standard Instrument (Local Environmental Plans) Orders 2006 Cases Cited: Hammoudi v Commissioner for Fair Trading [2016] NSWCATOD 57 McGufficke v Commissioner for Fair Trading [2022] NSWCATOD 176 Oslear v Commissioner for Fair Trading [2022] NSWCATOD 110 Category: Principal judgment Parties: Cathy Lechowicz (Applicant) Commissioner of Fair Trading (Respondent) Representation: Applicant (Self-represented) L Needham (Respondent) File Number(s): 2023/00320996