Aboukalam v Commissioner for Fair Trading [2024] NSWCATOD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Aboukalam v Commissioner for Fair Trading [2024] NSWCATOD 39 Hearing dates: 23 October 2023 Date of orders: 5 April 2024 Decision date: 05 April 2024 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: (1) The decision to refuse to grant Mr Jason Aboukalam a tradesperson's certificate under the Home Building Act 1989 is set aside. (2) In substitution the decision is made to grant Mr Jason Aboukalam a tradesperson's certificate in the category of plumber, drainer, and gasfitter. (3) Unless otherwise agreed between the parties, the tradesperson's certificate is to be subject to the conditions that Mr Jason Aboukalam: (a) is not to accept employment with, or engagement by, Ms Thu Sang Nguyen or any company of which she is a director, or with or by any partnership of which she, or a company as just described, is a member; and (b) is to provide to the Commissioner for Fair Trading the details of any proposed employer at least twenty-one (21) days prior to the proposed commence of employment. Catchwords: Administrative Law – plumber - refusal to grant tradespersons certificate - fit and proper person Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Home Building Act 1989 Home Building Regulation 2014 Corporations Act 2001 (Cth) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65 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 Meacham v Commissioner of Police [2020] NSWCATAP 107 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 Palmer v Dolman; Dolman v Palmer [2005] NSWCA 361 Poytress v Director General, NSW Fair Trading [2015] NSWCATOD 100 Re Percival and Australian Securities Commission (1993) 30 ALD 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 Sullivan v Civil Aviation Authority (2014) 22 FCR 555; [2014] FCAFC 93 Taouk v Director General, NSW Fair Trading [2016] NSWCATOD 41 Trombetta v Commissioner for Fair Trading [2018] NSWCATOD 167 Texts Cited: None cited Category: Principal judgment Parties: Jason Aboukalam (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: T Lynch SC (Applicant) R Francois (Respondent) Solicitors: Unified Lawyers (Applicant) Department of Customer Service (Respondent) File Number(s): 2022/00326252 Publication restriction: Nil