Samimi v Department of Fair Trading [2019] NSWCATOD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Samimi v Department of Fair Trading [2019] NSWCATOD 86 Hearing dates: 4 March 2019 Date of orders: 06 June 2019 Decision date: 06 June 2019 Jurisdiction: Occupational Division Before: J McAteer, Senior Member Decision: The decision of the respondent is affirmed. Catchwords: ADMINISTRATIVE Law – administrative review – home building - fit and proper person - whether conduct constitutes failure to disclose – whether matters required disclosure – meaning of fit and proper having regard to legislative scheme – weight of evidence – unchallenged evidence of conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Queensland Building and Construction Commission Act 1991 (Qld) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33 Bournelis v Building Services Corporation Commercial Tribunal of New South Wales, unreported 9 June 1995 Hughes and Vale Pty Ltd v New South Wales (No 2) [1955] HCA 28 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11 Ng & anor v Commissioner for Fair Trading, NSW Office of Fair Trading & anor [2007] NSWADT 259 Samimi & Anor v Queensland Building and Construction Commission [2015] QCA 106 Samimi v Djamshidi [2018] NSWSC 1944 Category: Principal judgment Parties: Kamran Samimi (Applicant) Department of Fair Trading (Respondent) Representation: Solicitors: H.Ford (Agent purs s-45(1)(b)) (Applicant) A Whitton (Fair Trading Legal) (Respondent) File Number(s): 2018/00174315