Commissioner of Fair Trading, Office of Finance and Services, NSW Fair Trading v Kassem [2015] NSWCATAP 173

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Fair Trading, Office of Finance and Services, NSW Fair Trading v Kassem [2015] NSWCATAP 173 Hearing dates: 22 July 2015 Date of orders: 18 August 2015 Decision date: 18 August 2015 Jurisdiction: Appeal Panel Before: Mr. L. P. Robberds QC Senior Member Mr. J. McAteer Senior Member Decision: Appeal allowed – orders and directions made by Tribunal set aside. Catchwords: Statutory construction – transitional provisions – grammatical error – supplying words. Legislation Cited: Home Building Act 1989 – Home Building Amendment Act 2014 – Home Building Regulation 2004 – Home Building Regulation 2014 Cases Cited: Kassem v Commissioner of Fair Trading [2015] NSWCATOD 29 Inco Europe v First Choice Distribution [2000] 1 WLR 586 Minister for Immigration and Citizenship v SZJGV 238 CLR 642 Taylor v Owners – Strata Plan No. 11564 [2014] 88 ALJR 473 Category: Principal judgment Parties: Commissioner of Fair Trading, Office of Finance and Services NSW Fair Trading (Appellant) Mohammed Kassem (Respondent) Representation: Counsel: Ms N.F. Case (Appellant)

Solicitors: Mr J.Coss (Appellant) File Number(s): AP 15/32703 Publication restriction: No Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Occupational Division Citation: [2015] NSWCATOD 29 Date of Decision: 10 April 2015 Before: J. Lucy. Senior Member File Number(s): 1420238