Whitley v Director General, NSW Fair Trading [2015] NSWCATOD 155

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Whitley v Director General, NSW Fair Trading [2015] NSWCATOD 155 Hearing dates: 18 August 2015 Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction: Occupational Division Before: J McAteer Senior Member Decision: (1) The decision under review is set aside. Catchwords: FIT and proper person – contractor licence - alleged improper conduct – whether allegations made out on evidence – nature of allegations – circumstances of allegations- fit and proper in absence of breach Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Oaths Act 1900 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Saboune v Department of Finance and Services [2013] NSW ADT 71 Holt v Commissioner for Fair Trading [2015] NSWCATOD 130 Category: Principal judgment Parties: William Andrew Whitley (Applicant)

Director General, Department of Finance and Services NSW Fair Trading (Respondent) Representation: Counsel: S Tully (Applicant)

Solicitors: Heard McEwan Legal (Applicant) Office of Fair Trading (Respondent) File Number(s): 1520112

Reasons for decision 1. This is an application for an administrative review of a decision of the respondent Public Sector Agency, (the administrator / respondent) which was made on 1 June 2015 under section 64 of the Home Building Act 1989. (the ' HB Act').