Gittany v Director-General, Department of Finance and Services, NSW Fair Trading [2014] NSWCATOD 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gittany v Director-General, Department of Finance and Services, NSW Fair Trading [2014] NSWCATOD 119 Hearing dates: 22 April 2014 Decision date: 20 October 2014 Jurisdiction: Occupational Division Before: S Higgins, Principal Member Decision: The decision of the respondent to refuse the applicant's application for a contractor licence is affirmed. Catchwords: ADMINISTRATIVE LAW - administrative review of decision to refuse the applicant's application for a contractor licence to contract to undertake residential building work - applicant a director of an externally-administered corporation within three years prior to making his application - whether the applicant took all reasonable steps to avoid the liquidation of these corporations - whether the applicant a fit and proper person to be issued with a contractor licence Legislation Cited: Administrative Decisions Review Act 1997 Building and Construction of Securities of Payments Act 1999 Civil and Administrative Tribunal Act 2013 Corporations Act 2001 Home Building Act 1989 Home Building Regulation 2004 Cases Cited: Australian Broadcasting Commission v Bond [1990] HCA 33; (1990) 170 CLR 321 Hughes & vale Pty Ltd v New South Wales (No 2) [1955] HC 28; (1955) 93 CLR 127 Obradovic v Commissioner for Fair Trading, Office of Fair Trading (GD) [2006] NSWADTAP 18 Pobjie v Commissioner for Fair Trading, NSW Office of Fair Trading (No 2) [2008] NSWADT 39 Sobey v Commercial and Private Agents Board 20 SASR 70 Re Brennan & Australian Casino Surveillance Authority (1995) 38 ALD 794 Re Percival and Australian Securities Commission (1993) 30 ALD 280, at 290. Category: Principal judgment Parties: Mouhsen Gittany (Applicant) Director-General, Department of Finance and Services, NSW Fair Trading (Respondent) Representation: Counsel: R Notley (Applicant) ERA Legal (Applicant) B Burke (Respondent) File Number(s): 133356