Cardilini -v- Director General, Department of Fair Trading [2001] NSWADT 126

CITATION: Cardilini -v- Director General, Department of Fair Trading [2001] NSWADT 126 DIVISION: General Division APPLICANT PARTIES: Steven James Cardilini RESPONDENT Director General, Department of Fair Trading FILE NUMBER: 013113 HEARING DATES: 07/06/01 SUBMISSIONS CLOSED: 06/07/2001 DATE OF DECISION: 08/03/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Home Builder - cancellation of supervisor or registration certificate - Home Building Act - home builder - cancellation of supervisor or registration certificate MATTER FOR DECISION: Preliminary matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Home Building Act 1989 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT A Wilson, solicitor ORDERS: The application is dismissed.

Introduction 1 On 10 May 2001, Mr Cardilini lodged an application with the Tribunal for a review of a decision to cancel his Qualified Supervisor Certificate. The Director General, Department of Fair Trading, made that decision under s 43(1)(a) of the Home Building Act 1989 on the ground that there had been a misrepresentation. 2 Mr Cardilini argued that the decision to cancel the Certificate was made because the original references relating to his experience were not confirmed by their authors. He maintains that he has the necessary experience to hold a Qualified Supervisor Certificate. 3 The respondent submits that the Tribunal does not have jurisdiction to hear Mr Cardilini's application. This matter was decided "on the papers" pursuant to s 76 of the Administrative Decisions Tribunal Act 1997.