Leclere v Commissioner for Fair Trading [2020] NSWCATAD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Leclere v Commissioner for Fair Trading [2020] NSWCATAD 15 Hearing dates: 12 November 2019 Date of orders: 10 January 2020 Decision date: 10 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member Decision: (1) The decision to refuse to grant Mr Leclere's application for a contractor's licence in the category of "air conditioning and refrigeration" is affirmed. Catchwords: ADMINISTRATIVE REVIEW – decision to grant contractor licence under Home Building Act 1989 (NSW) – whether applicant is fit and proper person Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Davidson v Director General, NSW Fair Trading [2015] NSWCATAD 9 Director-General, Ministry of Transport v FV (GD) [2008] NSWADTAP 60 Ex Parte Tziniolis (1966) 67 SR (NSW) 448 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93 Category: Principal judgment Parties: Kane Leclere (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: J Gumbert (Applicant)

Solicitors: Blake Lawyers (Applicant) Department of Customer Service (Respondent) File Number(s): 2019/00266919 Publication restriction: Nil