NSW Caselaw
CITATION: Dimascio v Commissioner for Fair Trading, Office of Fair Trading [2006] NSWADT 144
DIVISION: General Division
APPLICANT PARTIES: Alfonso Dimascio RESPONDENT Commissioner for Fair Trading, Office of Fair Trading
FILE NUMBER: 053355
HEARING DATES: 17/01/2006
SUBMISSIONS CLOSED: 01/17/2006
DATE OF DECISION: 05/17/2006
BEFORE: Pearson L - Judicial Member
CATCHWORDS: Home Builder - issue of contractor licence - Home Building Act - home builder - issue of contractor licence
MATTER FOR DECISION: Principal matter
LEGISLATION CITED : Home Building Act 1989 Home Building Amendment Act 2004
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Burke v Director General, Department of Fair Trading (No 2) [2002] NSWADT 143 CASES CITED: Calleia v Commissioner of Fair Trading [2005] NSWADT 42 Hughes & Vale Pty Ltd v State of New South Wales (1955) 93 CLR 127 Re Webb and Tax Agents' Board of Queensland (1992) 28 ALD 464 Tomoski Developments Pty Ltd v Commissioner for Fair Trading [2005] NSWADT 263
APPLICANT In person REPRESENTATION: RESPONDENT F Campora, solicitor
ORDERS: 1. The decision of the Commissioner for Fair Trading to refuse to restore Mr Dismascio's Contractor Licence is set aside; 2. The matter is remitted for reconsideration with the direction that, subject to his meeting any other relevant criteria, Mr Dimascio should be issued with a Contractor Licence.
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