NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tom v Commissioner of Fair Trading [2024] NSWCATOD 158 Hearing dates: 6 – 9 November 2023, 13 May 2024 Date of orders: 25 September 2024 Decision date: 25 September 2024 Jurisdiction: Occupational Division Before: T Simon, Principal Member Decision: (1) The decision of the respondent made on 10 March 2022 is set aside. (2) In substitute of the decision Mr Tom is reprimanded. (3) If either party seeks costs of the proceedings, they are to notify the Tribunal by 27 September 2024. Catchwords: ADMINISTRATIVE LAW — REVIEW OF DECISION BY EXTERNAL DECISION-MAKER — decision to cancel contractor licence and disqualify a licence holder pursuant to section 62 of the Home Building Act 1989 (NSW) —improper conduct — fit and proper person Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Building Legislation Amendment Bill 2023 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Hughes & Vale Pty Ltd v State of New South Wales [1955] HCA 28; (1955) 93 CLR 127 Tom v Commissioner of Fair Trading [2022] NSWCATOD 57 Webster v Tom [2018] NSWCATCD 6 Webster v Tom [2019] NSWCATAP 75 Category: Principal judgment Parties: Andrew Tom (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel:
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