Tyson v Director-General, Department of Finance and Services, NSW Fair Trading [2015] NSWCATOD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tyson v Director-General, Department of Finance and Services, NSW Fair Trading [2015] NSWCATOD 45 Hearing dates: 17 December 2014 Decision date: 14 May 2015 Jurisdiction: Occupational Division Before: S Leal, Senior Member Decision: The decision of the respondent to refuse the applicant's application for a supervisor certificate is affirmed. Catchwords: ADMINISTRATIVE LAW - administrative review of decision to refuse the applicant's application for a supervisor certificate – applicant an undischarged bankrupt – applicant a director of an externally-administered company that was voluntarily wound up - whether applicant took all reasonable steps to avoid bankruptcy – whether the applicant is a fit and proper person to be issued with a supervisor certificate – application of relevant home building legislation. Legislation Cited: Administrative Decisions Review Act 1997 Bankruptcy Act 1966 Corporations Act 2001 Home Building Act 1989 Home Building Regulation 2004 Home Building Regulation 2014. Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Clarke v Commissioner for Fair Trading [2004] NSWADT 273 Davidson v Commissioner for Fair Trading [2004] NSWADT 200 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Foley v Commissioner of Police [2005] NSWADT 12 Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28; (1955) 93 CLR 127 Kassem v Commissioner of Fair Trading [2015] NSWCATOD 29 Mattar v Roads and Maritime Services [2012] NSWADT 274 at [10] McDonald v Commissioner for Fair Trading [2004] NSWADT 124 Obradovic v Commissioner for Fair Trading, Office of Fair Trading (GD) 2006] NSWADTAP 18 Shi v Migration Agents Registration Authority [2008] HCA 31; (2008) 235 CLR 286) Category: Principal judgment Parties: Ian Matthew Tyson (Applicant) NSW Fair Trading (Respondent) Representation: Solicitors: File Number(s): 1420261