Mawbey v Commissioner for Fair Trading [2018] NSWCATOD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mawbey v Commissioner for Fair Trading [2018] NSWCATOD 141 Hearing dates: 22 and 23 January 2018; 20 February 2018 Date of orders: 22 August 2018 Decision date: 22 August 2018 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: (1) The decision that the applicant is guilty of improper conduct is affirmed. (2) The decision to take disciplinary action against the applicant is varied so that the applicant is disqualified from holding any contractor licence or authority under the Home Building Act 1989 until 1 January 2019. Catchwords: ADMINSITRATIVE REVIEW – Home Building – disciplinary action – whether electrician effected reverse polarity – whether guilty of improper conduct – whether fit and proper person – penalty to be imposed Legislation Cited: Electricity (Consumer Safety) Act 2004 Home Building Act 1989 Home Building Regulation 2004 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bliss v Durran t/as Canberra Sheds and Outdoor Storage [2017] NSWCATCD 50 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 White v Commissioner for Fair Trading [2017] NSWCATAD 233 Winten Property Group v Campbelltown City Council [1999] NSWLEC 241 Category: Principal judgment Parties: Garry Luke Mawbey (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: D Thomas (Applicant) M Kalyk (Respondent)