Ghraiche v Commissioner for NSW Fair Trading, Department of Finance and Services [2014] NSWCATOD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ghraiche v Commissioner for NSW Fair Trading, Department of Finance and Services [2014] NSWCATOD 5 Hearing dates: 4 November 2013 Decision date: 19 February 2014 Before: A Scahill, Senior member Decision: The decision of the Respondent to refuse the Applicant's application for a contractor's licence in the category of "general building work" is affirmed. Legislation Cited: Home Building Act 1989 Home Building Regulation 2004 Licensing and Registration (Uniform Procedures) Act 2002 Cases Cited: Flanagan v Commissioner of Fair Trading [2004] NSWADT 166 Hughes and Vale Pty Ltd v State of NSW [1955] HCA 28; (1955) 93 CLR 127 Locking v Department of Finance and Services [2013] NSWADT 239 Taheri v Commissioner for Fair Trading, NSW Office of Fair Trading [2006] NSWADT 200 Category: Principal judgment Parties: Charlie Ghraiche (Applicant) Department of Finance and Services (Respondent) Representation: Counsel: Solicitors: D Sissini (Applicant) J Coss - Department of Finance and Services (Respondent) File Number(s): 133226

REASONS FOR DECISION

Introduction 1Mr Ghraiche has applied for a review of a decision to refuse his application for an individual contractor's licence in the category of "general building work." The Department of Finance and Services (the Department) refused that application for a number of reasons: * a past Consumer Trader and Tenancy Tribunal (CTTT) order made against him had not been satisfied; * Mr Ghraiche had not demonstrated that he had a minimum of two years relevant industry experience in a wide range of building construction work; and * Mr Ghraiche was not a fit and proper person because of his failure to satisfy the CTTT order and because he had failed to declare certain matters in his application.