Magerovski v Commissioner for Fair Trading, Department of Finance, Services and Innovation; Service Today NSW v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2018] NSWCATAD 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Magerovski v Commissioner for Fair Trading, Department of Finance, Services and Innovation; Service Today NSW v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2018] NSWCATAD 192 Hearing dates: 27 October 2017, 17 November 2017Written submissions closed 9 January 2018 Date of orders: 23 August 2018 Decision date: 23 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: (1) The Respondent's Reviewable Decisions of 19 July 2017 are set aside.

(2) In substitution for those decisions, the Tribunal:

(a) cancels Magerovski's contractor's licence number 237139C and disqualifies him for 2 years from the date of this decision, from being a licence holder or involved in the direction, management or conduct of a business for which a licence is required under the Act; and

(b) cancels Service Today NSW's contractor's licence number 237814C and disqualifies it for 1 year from the date of this decision from being a licence holder under the Act. Catchwords: ADMINISTRATIVE REVIEW – Home Building – Disciplinary action – improper conduct – knowledge - fit and proper person – grounds for refusal - penalty Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Home Building Act 1989 Licensing and Registration (Uniform Procedures) Act 2002 Cases Cited: Aria Jap International Pty Ltd v Commissioner for Fair Trading, Office of Fair Trading [2006] NSWADT 166 Assadourian v Roads and Traffic Authority [2013] NSWADT 6 Australian Broadcasting Tribunal v Bond and Ors [1990] HCA 33; (1990) 170 CLR 321 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Bronze Wing Ammunition v Safe Work New South Wales (No. 2) [2016] NSWSC 988 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Bushell v Repatriation Commission [1992] HCA 47; (1992) 175 CLR 408 Campbell v Director General, Department of Services Technology and Administration [2011] NSWADT 236 Designbuild NSW Pty Ltd v Commissioner for Fair Trading [2016] NSWCATOD 69 Drake v Minister for Immigration and Ethnic Affairs [1997] AATA 179; (1979) 46 FLR 409 Edward Lees Imports Pty Ltd v Commissioner for Fair Trading (No 3) [2018] NSWCATOD 116; Farah v Director General Department of Finance and Services [2013] NSWADT 198 Flanagan v Commissioner of Fair Trading [2004] NSWADT 166 Grenfell v Director General of the Department of Finance and Services [2013] NSWADT 57 Hart v Federal Commissioner of Taxation [2003] FCAFC 105; (2003) 131 FCR 203 Hughes & Vale Pty Ltd v The State of New South Wales (No 2) [1955] HCA 28; (1955) 93 CLR 127 Lotus Constructions Pty Limited v Director -General, Department of Finance and Service, NSW Fair Trading [2013] NSWADT 260 McDonald v Director General of Social Security [1984] FCA 57; (1984) 1 FCR 354 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170 Ng & anor v Commissioner for Fair Trading, NSW Office of Fair Trading & anor [2007] NSWADT 259 Pilipczyk & anor v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 85 Pollard v Commonwealth DPP (1992) 28 NSWLR 659 Re Brennand & Australian Casino Surveillance Authority (1995) 38 ALD 794, Re Percival and Australian Securities Commission [1993] AATA 196; (1993) 30 ALD 280 Re Pochi and Minister for Immigration and Ethnic Affairs [1979] AATA 64; (1979) 36 FLR 482 Saboune v Department of Finance and Services [2013] NSWADT 71 Saleh v Commissioner of Fair Trading [2015] NSWCATOD 68 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 Younan v Commissioner of Fair Trading, NSW Office of Fair Trading [2007] NSWADT 170 Category: Principal judgment Parties: Alan Magerovski (Applicant in 2017/230277) Service Today (NSW) Pty Ltd (Applicant in 2017/230301) Commissioner for Fair Trading, Department of Finance, Services and Innovation (Respondent) Representation: Counsel: M Kloosters (Applicants) K Jones (Respondent)