Saboune v Department of Finance and Services [2013] NSWADT 71

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Saboune v Department of Finance and Services [2013] NSWADT 71 Hearing dates: 15 October 2012 and 26 October 2012; final submissions received 17 December 2012 Decision date: 04 April 2013 Jurisdiction: General Division Before: C Huntsman, Judicial member Decision: The decision of the respondent to cancel the applicant's authority (contractor licence) is affirmed. The decision of the respondent to disqualify the applicant is affirmed - The applicant is disqualified for a period of five years from the date of service of the original decision, from being any of the following: (a) the holder of a contractor licence, supervisor certificate or tradeperson certificate, and (b) a member of a partnership, or an officer of a corporation that is a member of a partnership, that is the holder of a contractor licence, and (c) an officer of a corporation that is the holder of the contractor licence. Catchwords: Fit and proper person, contractor licence, alleged improper conduct by company of which applicant is director and nominated supervisor, alleged improper conduct by applicant as holder of individual contractor licence; whether applicant fit and proper; consumer complaints; breach of statutory warranties; allegations of assault Legislation Cited: Sections 3, 18B, 51,52,54, 55, 56, 62, 83A, 83B Home Building Act 1989 Cases Cited: Ng & anor v Commissioner for Fair Trading, NSW Office of Fair Trading & anor [2007] NSWADT 259 Pilipczyk & anor v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 85 Category: Principal judgment Parties: Ziad Saboune (Applicant) Department of Finance and Services (Respondent) Representation: Snelgrove Solicitors (Applicant) Legal Services, Department of Finance and Services (Respondent) File Number(s): 123103