Corkin v Director General, Department of Fair Trading [2001] NSWADT 190

CITATION: Corkin v Director General, Department of Fair Trading [2001] NSWADT 190 DIVISION: General Division APPLICANT PARTIES: Samuel Joseph Corkin RESPONDENT Director General, Department of Fair Trading FILE NUMBER: 013204 HEARING DATES: 18/10/2001 SUBMISSIONS CLOSED: 10/18/2001 DATE OF DECISION: 11/15/2001

BEFORE: Higgins S - Judicial Member APPLICATION: Home Builder - issue of supervisor or registration certificate - Home Building Act - home builder - issue of supervisor or registration certificate MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Builders Licensing Act 1986 (SA) LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 Home Building Act 1989 Home Building Regulation 1997 Hughes & Vale Proprietary Limited v The State of NSW & Ors (1955) 93 CLR 127 Jasmine v Commissioner of Police NSW Police Service [2001] NSWADT 62 Cavaliere v Director General, Department of Fair Trading [2000] NSWADT 102 CASES CITED: Ziems v The Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Maurice Neville Hinchcliffe v Building Services Corporation (Commercial Tribunal of NSW, 24/7/1997) Re Brennand Casino Surveillance Authority (1995) 38 ALD 794 Petracaro v Commissioner of Consumer Affairs (1994) 62 SASR 387 APPLICANT REPRESENTATION: In person RESPONDENT A Wilson, solicitor ORDERS: 1 The decision of the Director General to refuse Mr Corkin's application for a qualified supervisor certificate is set aside and in substitution for that decision the Tribunal decides that a qualified supervisor certificate be issued to Mr Corkin under s 25(1)(a) of the Home Building Act 1989