Sande v Commissioner for Fair Trading [2017] NSWCATOD 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sande v Commissioner for Fair Trading [2017] NSWCATOD 55 Hearing dates: 23 March 2017 Date of orders: 11 April 2017 Decision date: 11 April 2017 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: The decision under review is affirmed. Catchwords: HOME BUILDING – contractor licence – whether fit and proper person – false documents – non-disclosure of information Legislation Cited: Home Building Act 1989 Cases Cited: AJO v Director-General of Transport [2012] NSWADT 101 Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Lal v Director-General, Department of Transport [2001] NSWADT 74 Poytress v Director General, NSW Fair Trading [2015] NSWCATOD 100 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Strik v Director General, Department of Services, Technology and Administration (GD) [2010] NSWADTAP 33 Category: Principal judgment Parties: Phillip Sande (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Owen Hodge Lawyers (Applicant) Fair Trading Legal Services, Office of Finance and Services (Respondent) File Number(s): 2017/00022734

REASONS FOR DECISION 1. On 13 December 2016 the Commissioner for Fair Trading (the Commissioner) refused an application by Mr Phillip Sande for a contractor licence in the category of Carpenter under the Home Building Act 1989 (the Act). The licence was refused because the Commissioner was of the view that Mr Sande is not a fit and proper person to hold a contractor licence. Mr Sande seeks review of that decision.