Hamdan v Commissioner for Fair Trading [2016] NSWCATOD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hamdan v Commissioner for Fair Trading [2016] NSWCATOD 6 Hearing dates: 27 November 2015 Date of orders: 20 January 2016 Decision date: 20 January 2016 Jurisdiction: Occupational Division Before: J Lucy - Senior Member Decision: The respondent's refusal of the applicant's application for restoration of his contractor licence is affirmed. Catchwords: HOME BUILDING – Licence cancelled on ground that it was issued because of a misrepresentation or that it was issued in error - Application for restoration of cancelled licence – Applicable provisions for determining application – Whether necessary for Tribunal to be satisfied that error rectified before it may restore licence – Whether errors in application rectified Legislation Cited: Home Building Act 1989 (NSW) Home Building Amendment Act 2014 (NSW) Licensing and Registration (Uniform Procedures) Act 2002 (NSW) Administrative Decisions Review Act 1997 (NSW) Cases Cited: Hamdan v Commissioner for Fair Trading [2015] NSWCATOD 114 The Ombudsman v Laughton (2005) 64 NSWLR 114 Smith v R (1994) 181 CLR 338 Anthony Hordern & Sons Ltd v Amalgamated Clothing & Allied Trades Union of Australia (1932) 47 CLR 1 Category: Principal judgment Parties: Abdul Hamdan (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Paul Bard Lawyers (Applicant) Fair Trading Legal Services, Office of Finance and Services (Respondent) File Number(s): 1520114