Manassa v Commissioner for Fair Trading [2024] NSWCATOD 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Manassa v Commissioner for Fair Trading [2024] NSWCATOD 81 Hearing dates: 5 June 2024 Date of orders: 18 June 2024 Decision date: 18 June 2024 Jurisdiction: Occupational Division Before: K Robinson, Senior Member Decision: (1) The decision under review is set aside. (2) An owner-builder permit under the Home Building Act 1989 is to be granted to the Applicant. Catchwords: ADMINISTRATIVE LAW – administrative review of decision to refuse an owner-builder permit for the construction of a dual occupancy – whether special circumstances exist – special circumstances found Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Cases Cited: Beadle v Director General of Social Security [1984] AATA 176 Hammoudi v Commissioner for Fair Trading [2016] NSWCATOD 57 Khouri v Commissioner for Fair Trading [2023] NSWCATOD 135 McGufficke v Commissioner for Fair Trading [2022] NSWCATOD 84 Oslear v Commissioner for Fair Trading [2022] NSWCATOD 110 Shi v Migration Agents Registration Authority [2008] HCA 31 Topp and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] AATA 99 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None Category: Principal judgment Parties: Mario Manassa (Applicant) Commissioner for Fair Trading (Respondent) Representation: Applicant (Self-represented) Department of Customer Service (Respondent) File Number(s): 2023/0438505 Publication restriction: Nil