Jabar v Director General, Department of Fair Trading [2002] NSWADT 270

CITATION: Jabar v Director General, Department of Fair Trading [2002] NSWADT 270 DIVISION: General Division APPLICANT Emad Jaber PARTIES: RESPONDENT Director General, Department of Fair Trading FILE NUMBER: 023249 HEARING DATES: 09/12/02 SUBMISSIONS CLOSED: 12/09/2002 DATE OF DECISION: 12/18/2002

BEFORE: O'Connor K - DCJ (President) APPLICATION: Motor Vehicle Repairer - suspension of licence MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Fair Trading Act 1987 Motor Vehicle Repairs Act 1980 El Masri -v- Director-General, Department of Fair Trading [2002] NSWADT 257 CASES CITED: Rizen Smash Repairs Pty Ltd and Alfar -v- Director-General, Department of Fair Trading [2002] NSWADT 173 RJK Automotive Pty Ltd -v- Director-General, Department of Fair Trading [2002] NSWADT 158 APPLICANT REPRESENTATION: I McLaughlin, barrister RESPONDENT A Wilson, solicitor ORDERS: 1. Decision under review affirmed.

1 The review applicant, Emad Jaber, holds Repairers' Licence Number 32432 issued under the Motor Vehicle Repairs Act 1980 (MVR Act), and trades as E Jaber Automotive at 1181 The Horsley Drive, Wetherill Park. The licence was issued 12 March 1997. The business commenced on 2 April 1997. He has held a motor mechanic's trade certificate since 1993. 2 The MVR Act is administered by the Minister for Fair Trading. 3 The Director-General, Department of Fair Trading has power to suspend licences issued under legislation administered by the Minister pending disciplinary action: Fair Trading Act 1987, s 64A(2) (FT Act). He suspended the applicant's licence on 28 October 2002. 4 The Director-General gave short reasons, and notified the applicant of his right to apply for review by the Tribunal. The Director-General referred to advice: * from the police that the applicant was involved in an extensive criminal enterprise involving amongst other matters the rebirthing of stolen vehicles and the subsequent disposal of those vehicles by sale, * from the Roads and Traffic Authority (RTA) that a number of irregularities have been found by its examiners in relation to positive vehicle inspection reports issued by the applicant, and * that the applicant had been charged with conspiracy to dispose of stolen property (the matter is currently pending before the Liverpool Local Court).