Trombetta v Commissioner for Fair Trading [2018] NSWCATOD 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Trombetta v Commissioner for Fair Trading [2018] NSWCATOD 167 Hearing dates: 31 July 2018 Date of orders: 10 October 2018 Decision date: 10 October 2018 Jurisdiction: Occupational Division Before: D A C Robertson, Senior Member Decision: (1) The decision of the respondent to refuse Mr Raffaele Trombetta's application for a tradesperson certificate under the Motor Dealers and Repairers Act 2013 in the class motor mechanic is set aside; (2) In substitution for that decision, grant Mr Trombetta's application for a tradesperson's certificate in the class motor mechanic. Catchwords: ADMINISTRATIVE LAW – Motor Dealers and Repairers – tradesperson's certificate – "fit and proper person" – relevance of convictions for assault – significance of history of drug addiction Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Motor Dealers Act 1980 (NSW) Motor Dealers and Repairers Act 2013 (NSW) Motor Dealers and Repairers Regulation 2014 (NSW) Cases Cited: AJO v Director General, Department of Transport [2012] NSWADT 101 Clearihan v Registrar of Motor Vehicle Dealers (ACT) ACTSC 101; 122 ACTR 25 Grenfell v Director General of Department of Finance and Services [2013] NSWADT 57 Saleh v Commission for Fair Trading [2015] NSWCATOD 68 Category: Principal judgment Parties: Raffaele Trombetta (Applicant) Commissioner for Fair Trading (Respondent) Representation: AJL Legal (Applicant) Commissioner for Fair Trading Solicitor, (Respondent) File Number(s): 2018/00089761 Publication restriction: Nil