Mahmoud v Commissioner of Fair Trading [2014] NSWCATOD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mahmoud v Commissioner of Fair Trading [2014] NSWCATOD 73 Hearing dates: 20 February; 6th March and 12th March 2014.Written submissions closed on 21st March 2014 Decision date: 08 July 2014 Jurisdiction: Occupational Division Before: A Scahill, Senior Member Decision: The decision is affirmed Catchwords: experience in a wide range of building work Legislation Cited: Home Building Act 1989 Home Building Regulation 2004 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Locking v Department of Finance and Services [2013] NSWADT 239 Sterjovski v Director-General, Department of Transport [2002] NSWADT 10 Category: Principal judgment Parties: Mohamad Mahmoud (Applicant) Commissioner of Fair Trading (Respondent) Representation: M Mahmoud (Applicant in person) Mr Maynard (Respondent) File Number(s): 1330247

reasons for decision

Introduction 1Mr Mahmoud has applied for a review of a decision to refuse his application for a contractor's licence in the category of "general building work." The Department of Finance and Services refused that application on 27 March 2013 because Mr Mahmoud had not demonstrated that he has a minimum of two years relevant industry experience in a wide range of building construction work. 2That decision also referred to concerns that the Applicant may have provided false information in his application which suggested he was not a fit and proper person to be the holder of a Contractor licence. The Respondent did not maintain this contention on Internal Review or before the tribunal. 3The Respondent affirmed its decision on Internal Review on 14 May 2013. 4The Applicant lodged the current application to the tribunal on 22nd August 2013. Leave was granted for the Applicant to proceed with the application despite him not having lodged within the required time.