Mustapha v Commissioner for Fair Trading [2024] NSWCATAD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mustapha v Commissioner for Fair Trading [2024] NSWCATAD 150 Hearing dates: 1 March 2024 Date of orders: 30 May 2024 Decision date: 30 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: (1) The Decision under review is set aside. (2) A contractor licence in the categories of Plumber, Drainer, Gasfitter and LP Gasfitter is to be issued to the Applicant under the Home Building Act 1989 (NSW). Catchwords: PROFESSIONS AND TRADES – Whether Applicant is disqualified under sections 20(1)(c) and 33A of Home Building Act 1989 (NSW) – Whether offence involving honesty should be ignored under section 33A(2) of Home Building Act 1989 (NSW) – Whether Applicant is a fit and proper person to hold contractor licence under sections 20(1)(a) and 20(1A) of Home Building Act 1989 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bek v Commissioner for Fair Trading [2004] NSWADT 149 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23 Gambino v Commissioner for NSW Fair Trading [2014] NSWCATOD 135 Grenfell v Director General Department of Finance and Services [2013] NSWADT 57 Hughes and Vale Pty Ltd v The State of New South Wales (1955) 93 CLR 127 Hunt v Director General, Department of Services Technology and Administration [2010] NSWADT 186 Livaja v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2020] NSWCATOD 17 Luk v Commissioner of Police, NSW Police [2019] NSWCATAP 23 Paul Voutef v Commissioner for Fair Trading [2023] NSWCATOD 79 Salcedo v Commissioner for Fair Trading [2016] NSWCATOD 19 Sobey v Commercial and Private Agents Board (1979) SASR 70 AT 76 Ziems v The Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279 Category: Principal judgment Parties: Hamza Mustapha (Applicant) Commissioner for Fair Trading (Respondent) Representation: Applicant (Self-Represented) J Coss (Respondent) File Number(s): 2023/00349565 Publication restriction: None