Dassouki v Department of Fair Trading [2019] NSWCATOD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dassouki v Department of Fair Trading [2019] NSWCATOD 14 Hearing dates: 30 November 2018 Date of orders: 17 January 2019 Decision date: 17 January 2019 Jurisdiction: Occupational Division Before: C Ludlow, Senior Member Decision: (1) The decision under review is varied by shortening the period of disqualification from 12 months to 6 months. (2) This decision will take effect after the expiration of 28 days from the date of the decision. Catchwords: LICENSING – disciplinary action against holder of contractor licence – improper conduct – fit and proper person – officer of company found to have contravened legislation – appropriate disciplinary action Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Crimes Act 1900 (NSW) Home Building Act 1989 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Bronze Wing Ammunition v Safe Work New South Wales (No. 2) [2016] NSWSC 988 Clearihan v Registrar of Motor Vehicle Dealers in the Australian Capital Territory (1994) 122 ACTR 25 Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28 Lotus Constructions Pty Limited v Director -General, Department of Finance and Service, NSW Fair Trading [2013] NSWADT 260 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 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170 Pilipczyk & anor v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 85 Singh v Legal Services Commissioner [2013] QCAT 384 Taouk v Director General, NSW Fair Trading [2016] NSWCATOD 41 Texts Cited: Nil Category: Principal judgment Parties: Belal Dassouki (Applicant) Department of Fair Trading (Respondent) Representation: Counsel: A Hopkins (Applicant) T Bagley (Respondent)