Dinh v Commissioner for Fair Trading [2016] NSWCATOD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dinh v Commissioner for Fair Trading [2016] NSWCATOD 72 Hearing dates: 17 December 2015 Date of orders: 03 June 2016 Decision date: 03 June 2016 Jurisdiction: Occupational Division Before: J McAteer, Senior Member Decision: (1) The Respondent's decision to cancel the applicant's contractor licence is affirmed.

(2) The Respondent's decision to disqualify the applicant for 3 years from being the holder of any contractor licence, supervisor certificate or tradesperson certificate, a member of a partnership that is the holder of a contractor licence or an officer of a corporation that is the holder of a contractor licence is set aside.

(3) In substitution for the Respondent's decision set out in Order 2 above, the following decision is made:

The applicant is disqualified for 2 years from 14 May 2015 from being the holder of any contractor licence, supervisor certificate or tradesperson certificate, a member of a partnership that is the holder of a contractor licence or an officer of a corporation that is the holder of a contractor licence. Catchwords: FIT and proper person - Whether false and misleading information provided – Whether applicant provided false and misleading information – Whether purpose of Act is to punish or protect – Civil penalty following criminal penalty. Legislation Cited: Administrative Decisions Review Act 1997 Crimes Act 1900 Evidence Act 1995 Home Building Act 1989 Cases Cited: Hughes and Vale Pty Ltd v New South Wales (No 2) [1955] HCA 28 Australian Broadcasting Tribunal v Bond [1990] HCA 33 Grenfell v Director General of the Department of Finance and Services [2013] NSWADT 57 Category: Principal judgment Parties: Van Trung Dinh (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: R Ward (Applicant)