Khodr v Commissioner for Fair Trading [2016] NSWCATOD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khodr v Commissioner for Fair Trading [2016] NSWCATOD 45 Hearing dates: 9 December 2015 Date of orders: 19 April 2016 Decision date: 19 April 2016 Jurisdiction: Occupational Division Before: J McAteer, Senior Member Decision: 1. The Respondent's decision that the applicant is not a fit and proper person pursuant to section 57(b) of the HB Act is set aside. 2. The Tribunal finds that the applicant is guilty of improper conduct under section 57(b) of the HB Act. 3. The applicant is to be issued with a caution under section 62 (b) of the HB Act. 4. The respondent is to reinstate the applicant's authorities and certificates (subject to the HB Act) as at 1 June 2015. Catchwords: FIT and proper person - Whether false and misleading information provided – Whether applicant provided false and misleading information – whether guilty of improper conduct – Ability to impose formal conditions under the HB Act Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Licensing and Registration (Uniform Procedures) Act 2002 Cases Cited: Hughes and Vale Pty Ltd v New South Wales (No 2) [1955] HCA 28 Australian Broadcasting Tribunal v Bond [1990] HCA 33 Ng & anor v Commissioner for Fair Trading, NSW Office of Fair Trading & anor [2007] NSWADT 259 Holt v Commissioner for Fair Trading [2015] NSWCATOD 130 Category: Principal judgment Parties: Jawad Khodr (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: D Drewett (Applicant)