Bejjani v Commissioner for Fair Trading [2004] NSWADT 262

CITATION: Bejjani v Commissioner for Fair Trading [2004] NSWADT 262 DIVISION: General Division APPLICANT PARTIES: Donald Bejjani RESPONDENT Commissioner for Fair Trading FILE NUMBER: 043046 HEARING DATES: 19/07/2004 SUBMISSIONS CLOSED: 08/24/2004 DATE OF DECISION: 11/15/2004

BEFORE: Montgomery S - Judicial Member APPLICATION: Home Builder - issue of contractor licence - Home Building Act - home builder - issue of contractor licence MATTER FOR DECISION: Principal matter Builders Licensing Act 1986 (SA) LEGISLATION CITED : Gas Supply Act 1996 Home Building Act 1989 Home Building Regulation 1997 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bechara v Builders Licensing Board, District Court of NSW, unreported, 10 June 1980 Boumelis v Building Services Corporation, Commercial Tribunal of New South Wales, 9 June 1995, unreported Hughes & Vale Pty Limited v NSW (No 2) (1955) 93 CLR 127 In the matter of the Appeal of Trevor James Pye DC (NSW) 19 August 1976 (unreported) CASES CITED: Kioussis v Director General; Department of Fair Trading [2002] NSW ADT 2 Leader v Yell (1864) 33 LJMC 233 Maurice Neville Hinchcliffe v Building Services Corporation, Commercial Tribunal No. 1115 of 1995 Paul Bozicevic & Building Services Corporation (Commercial Tribunal No. 134 of 1988 Petracaro v Commissioner of Consumer Affairs (1994) 62 SASR 387 Re Brennand and Casino Surveillance Authority (1995) 38 ALD 794 Sakellis v Police (1968) 88 WN (Pt 1)(NSW) 541 APPLICANT REPRESENTATION: J Snelgrove, Solicitor RESPONDENT A Grey, Solicitor ORDERS: 1.The decision of the Commissioner for Fair Trading to refuse Mr. Bejjani's application for a Contractor Licence is set aside; 2.In substitution for that decision the Tribunal determines that Mr. Bejjani should be issued with a Contractor Licence as a qualified individual for the work categories of Gasfitting and LP Gasfitting.