Kassem v Commissioner of Fair Trading [2015] NSWCATOD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kassem v Commissioner of Fair Trading [2015] NSWCATOD 29 Hearing dates: 29 September 2014 Decision date: 10 April 2015 Jurisdiction: Occupational Division Before: J Lucy, Senior Member Decision: The respondent's decision is set aside and the matter is remitted for reconsideration by the respondent in accordance with the law and the following directions:

1. The respondent is to consider whether the applicant's licence No 25520C, which the applicant sought to vary, has expired;

2. If the respondent considers, having regard to the status of the applicant's licence, that the respondent does not have power to vary it, the respondent is to write to the applicant within two weeks of the date of these reasons to inform him of that.

3. If the respondent considers, having regard to the status of the applicant's licence, that the respondent still has power to vary it, the respondent is to write to the applicant within two weeks of the date of these reasons asking the applicant to provide any additional material (both factual and in the nature of submissions) addressing the question of whether he is a fit and proper person to hold a contractor licence in the category of general building work;

4. After providing the applicant with a reasonable opportunity to provide additional material, and considering any additional material received, the respondent is to determine the applicant's application according to law. Catchwords: Home Building – Savings and transitional provisions – Whether repealed regulation applies - Whether applicant has accrued right – Whether applicant is a fit and proper person Legislation Cited: Home Building Act 1989 (NSW) Home Building Regulation 2004 (NSW) Home Building Regulation 2014 (NSW) Interpretation Act 1987 (NSW) Licensing and Registration (Uniform Procedures) Act 2002 (NSW) Administrative Decisions Review Act 1997 (NSW) Cases Cited: Esber v Commissioner of Police, NSW Police Force [2009] NSWADT 208 Duncan v Commissioner of Fair Trading, New South Wales Office of Fair Trading [2008] NSWADT 121 Category: Principal judgment Parties: Mohamad Kassem (Applicant) Commissioner of Fair Trading (Respondent) Representation: Solicitors: M Kassem (Applicant in person) J Coss, Office of Fair Trading (Respondent) File Number(s): 1420238