Lexi Development Australia Pty Ltd v Commissioner for Fair Trading [2024] NSWCATOD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lexi Development Australia Pty Ltd v Commissioner for Fair Trading [2024] NSWCATOD 69 Hearing dates: 17 May 2024 Date of orders: 17 May 2024 Decision date: 17 May 2024 Jurisdiction: Occupational Division Before: K Ransome, Principal Member Decision: (1) The request by Lexi Development Australia Pty Ltd to stay the decision made on 19 April 2024 to cancel the applicant's contractor licence is refused. (2) The substantive review application is dismissed because the Tribunal has no jurisdiction to deal with it. Catchwords: ADMINISTRATIVE REVIEW – Licencing – licence cancelled – jurisdiction of Tribunal to review cancellation decision – whether respondent refused to amend licence or restore licence – whether reviewable decision Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Home Building Act 1989 Licensing and Registration (Uniform Procedures) Act 2002 Cases Cited: Commissioner for Fair Trading v Awadallah [2006] NSWADTAP 31 Commissioner for Fair Trading v Cruz [2009] NSWADTAP 51 Hamdan v Commissioner for Fair Trading [2015] NSWCATOD 114 Hamdan v Commissioner for Fair Trading [2016] NSWCATOD 6 MJB Contracting Pty Ltd v Commissioner for Fair Trading, New South Wales Office for Fair Trading [2008] NSWADT 97 Opperman v Commissioner for Fair Trading (unreported 8 May 2024) Smith v The Queen (1994) 181 CLR 338; 69 ALJR 24; 125 ALR 385 Texts Cited: None cited Category: Principal judgment Parties: Lexi Development Australia Pty Ltd (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: C Lambert (Respondent)