Khallouq v Commissioner for NSW Fair Trading [2014] NSWCATOD 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khallouq v Commissioner for NSW Fair Trading [2014] NSWCATOD 137 Hearing dates: 10 November 2014 Decision date: 20 November 2014 Jurisdiction: Occupational Division Before: J Kelly, Senior Member Decision: I set aside the decision of the delegate dated 3 July 2014 affirming the administrator's decision made on 23 May 2014 to refuse to grant the applicant a motor vehicle tradesperson's certificate in the class of automotive electrician and substitute in its place the decision to grant the applicant a tradesperson's certificate in the class of automotive electrician. Catchwords: Motor Vehicle Repairer - tradesperson's certificate - fit person - refusal Legislation Cited: Motor Vehicles Repairs Act 1980 Cases Cited: Ourdi v R [2009] NSWCCA 46 Prothonotary of the Supreme Court of New South Wales v Livanes [2012] NSWCA Category: Principal judgment Parties: Rachid Khallouq (Applicant) Commissioner for NSW Fair Trading (Respondent) Representation: Vidler & Associates (Applicant) W Maynard (Respondent) File Number(s): 1420262

reasons for decisioN

The decision under review 1The applicant, Rachid Khallouq, seeks the review of the delegate's decision made on 3 July 2014 affirming the administrator's decision made on 23 May 2014 to refuse his application for a tradesperson's certificate in the class of automotive electrician under the Motor Vehicle Repairs Act 1980 (the Act).

The issue in the case 2The issue in this case is whether I am satisfied that the applicant is a fit person to hold a tradesperson's certificate, as required by s 24(3)(a) of the Act.