Osman v Commissioner for Fair Trading [2015] NSWCATOD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Osman v Commissioner for Fair Trading [2015] NSWCATOD 12 Hearing dates: 2 October 2014 and 15 December 2014 Decision date: 04 March 2015 Jurisdiction: Occupational Division Before: J Kelly, Senior Member Decision: 1. The time for applying to the Tribunal is extended until the day the application was lodged.

2. The case is remitted for reconsideration in accordance with the Tribunal's recommendation that the applicant be granted a contractor licence pursuant to whichever of cl 26 or cl 39A of the Home Building Regulation 2004 is determined to be applicable Catchwords: HOME BUILDING – individual contractor licence – fit and proper person Legislation Cited: Home Building Act 1989 ss 19(1), 20(1)(a), 20(1A) Bankruptcy Act (Cth) 1966 s 153 Civil and Administrative Tribunal Act 2013 No. 2, s 41 Home Building Regulation 2004 cll 25(1)(a)(iv), 25(1)(a)(xii), 26, 39A Home Building Amendment (Authorities) Regulation 2007 Cases Cited: Cormack v Commissioner for Fair Trading [2006] NSWADT 4 Category: Principal judgment Parties: Ercan Osman (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: MCK Lawyers (Applicant) Commissioner for Fair Trading (Respondent) File Number(s): 1420200

reasons for decision 1. The applicant, Ercan Osman, seeks the review of the internal review decision made on 18 March 2014 (the decision), that found that the decision made by the delegate of the respondent, the Commissioner for Fair Trading, was correct in refusing to issue to the applicant an individual contractor licence under the Home Building Act 1989.