Poytress v Director General, NSW Fair Trading [2015] NSWCATOD 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Poytress v Director General, NSW Fair Trading [2015] NSWCATOD 100 Hearing dates: 3 June 2015 Decision date: 24 September 2015 Jurisdiction: Occupational Division Before: S Montgomery Senior Member Decision: The decision of the respondent to refuse the applicant's application for restoration of his licence is affirmed. Catchwords: ADMINISTRATIVE LAW - administrative review of decision to refuse the applicant's application for renewal of his licence – applicant a director of an externally-administered company - whether applicant took all reasonable steps to avoid external administration – whether the applicant is a fit and proper person to be issued with a licence. Legislation Cited: Home Building Act 1989 Home Building Amendment Act 2014 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 of Fair Trading, Office of Fair Trading [2004] NSWADT 273 Commissioner of Fair Trading, Office of Finance and Services, NSW Fair Trading v Kassem [2015] NSWCATAP 173 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Foley v Commissioner of Police [2005] NSWADT 12 Haining v Commissioner of Police, NSW Police Service (1999) NSWADT 6 Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28; (1955) 93 CLR 127 Mattar v Roads and Maritime Services [2012] NSWADT 274 McBride v Walton (NSW Court of Appeal, unreported, 15 July 1994) Shi v Migration Agents Registration Authority [2008] HCA 31; (2008) 235 CLR 286). Sobey v Commercial and Private Agents Board (1979) 20 SASR 70 Trilin v Commissioner of Fair Trading [2003] NSWADT 222 Tyson v Director-General, Department of Finance and Services, NSW Fair Trading [2015] NSWCATOD 45 Category: Principal judgment Parties: Stephen Poytress (Applicant) Director General, NSW Fair Trading (Respondent) Representation: Solicitors: Pope & Spinks (Applicant) NSW Fair Trading (Respondent) File Number(s): 1520012