Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208 Hearing dates: 31 May 2019 Date of orders: 15 August 2019 Decision date: 15 August 2019 Jurisdiction: Appeal Panel Before: Armstrong J, President L Pearson, Principal Member Decision: (1) Leave to appeal on a ground other than a question of law is granted. (2) The appeal is allowed. (3) The issue of whether the appellant is a fit and proper person to hold a licence as required by s 20(1)(a) of the Home Building Act 1989 is remitted to a differently constituted Tribunal to determine, with further evidence in accordance with orders below. (4) Within 3 weeks from the date of these orders the respondent is to lodge with the Tribunal, and serve on the appellant, a revised set of documents under s 58 of the Administrative Decisions Review Act 1997, including all documents relevant to the application and grant of licence in 2013, and file and serve written submissions in support of its position on the application 2018/00203201. (5) Within 3 weeks after the date specified in order (4), the appellant is to file and serve all evidence on which he intends to rely, and written submissions in support of his position on the application 2018/00203201. (6) If a party seeks an order for costs of the appeal, that party may file written submissions within 14 days of publication of these reasons seeking an order in relation to the costs of the appeal. (7) If a party files submissions in accordance with order (6), any other party may file submissions in response within a further 14 days. (8) Any submissions filed in accordance with orders (7) and (8) should address whether the question of costs may be determined on the papers and without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (9) The name of the respondent is changed to the Commissioner for Fair Trading, Department of Finance, Services and Innovation. Catchwords: APPEAL – licensing and regulation – leave to appeal on a ground other than a question of law – whether Tribunal's decision unjust – whether significant new evidence had arisen since the hearing below