Mereb v Commissioner for Fair Trading [2016] NSWCATAD 244

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mereb v Commissioner for Fair Trading [2016] NSWCATAD 244 Hearing dates: 5 April 2016 Date of orders: 31 October 2016 Decision date: 31 October 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior member Decision: (1) The decision of the Commissioner of Fair Trading dated 16 November 2015 to refuse a contractor licence to the applicant is affirmed. Catchwords: Home Building Act – contractor licence – disqualified person – whether offence should be ignored because of time passed since offence was committed – applicant on parole – fit and proper. Legislation Cited: Criminal Code 1995 (Cth) Home Building Act 1989 (NSW) Cases Cited: Lal v Director-General, Department of Transport [2001] NSWADT 74 R v Mereb; R v Younan (unreported 7 February 2014, per Sweeney DCJ) The Prothonotary of the Supreme Court of New South Wales v Sukkar [2007] NSWCA 341 Category: Principal judgment Parties: Paul Mereb (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: DCE Lawyers (Applicant) Department of Finance & Services, Legal Services (Respondent) File Number(s): 1520254

REASONS FOR DECISION

Introduction 1. Mr Mereb is an electrician who first held a contractor licence in 1990. On 13 June 2013, he was found guilty of an offence of conspiring to cause a loss to the Commonwealth and was sentenced to a term of imprisonment of 4 years with a non-parole period of two years, commencing on 7 February 2014. Mr Mereb was released to parole on 6 February 2016 and will be on parole until 6 February 2018. The offence in question occurred in the period between 24 May 2001 and 11 April 2006. 2. In 2015, Mr Mereb applied to renew his contractor licence. On 25 June 2015, the Commissioner for Fair Trading who is the respondent in this case, refused to grant Mr Mereb a contractor licence. On 16 November 2015, this decision was affirmed on internal review. On 10 December 2015, the applicant lodged an application for review in this tribunal. An oral hearing was held before the Tribunal on the 5 April 2016. Further submissions were received by the Tribunal on 11 May, 30 May and 17 June 2016.