Shehata v Department of Fair Trading; Visual Building v Department of Fair Trading [2019] NSWCATOD 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shehata v Department of Fair Trading; Visual Building v Department of Fair Trading [2019] NSWCATOD 93 Hearing dates: 6 September 2018, 1 March 2019 Date of orders: 13 June 2019 Decision date: 13 June 2019 Jurisdiction: Occupational Division Before: J McAteer, Senior Member Decision: 1. In proceedings 201800129363 the Decision of the Respondent is affirmed. 2. In proceedings 201800085313 the Decision of the Respondent is affirmed. Catchwords: ADMINISTRATIVE Law – administrative review – home building - fit and proper person -– weight of evidence – adverse findings Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: AJO v Director General Department of Transport [2012] NSWADT 101 Austin v Commissioner of Fair Trading & Anor [2016] NSWCATAP 179 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 Hutchings Electrical Pty Limited & Anor v Director General Department of Fair Trading [2004] NSWADT 23 Ng & anor v Commissioner for Fair Trading, NSW Office of Fair Trading & anor [2007] NSWADT 259 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Category: Principal judgment Parties: Proceedings 201800129363 Youssef Shehata (Applicant) Department of Fair Trading (Respondent)