Valdecon Group Builders & Developers Pty Ltd v Commissioner for Fair Trading, Office of Finance and Services [2015] NSWCATOD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Valdecon Group Builders & Developers Pty Ltd v Commissioner for Fair Trading, Office of Finance and Services [2015] NSWCATOD 147 Hearing dates: 24 November 2015 Date of orders: 16 December 2015 Decision date: 16 December 2015 Jurisdiction: Occupational Division Before: S Leal, Senior Member Decision: The decision under review is affirmed. Catchwords: NSW Civil and Administrative Tribunal – home building - company contractor licence – where close associate of the applicant exercises a significant influence – whether fit and proper - whether in the public interest to refuse an application for a licence. Legislation Cited: Home Building Act 1989 Administrative Decisions Review Act 1997 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657. Constantin v Commissioner of Police New South Wales Police Force [2013] NSW ADT AP 16 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28; (1955) 93 CLR 127 McBride v Walton (NSW Court of Appeal, unreported, 15 July 1994) Sobey v Commercial and Private Agents Board (1979) 20 SASR 70 Category: Principal judgment Parties: Valdecon Group Builders & Developers Pty Ltd (Applicant)

Commissioner for Fair Trading, Office of Finance and Services (Respondent) Representation: Solicitors: S Nazarian (Applicant)