Samimi v Commissioner for Fair Trading, Department of Customer Service [2020] NSWCATAP 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Samimi v Commissioner for Fair Trading, Department of Customer Service [2020] NSWCATAP 7 Hearing dates: 13 September 2019 Date of orders: 17 January 2020 Decision date: 17 January 2020 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member Dr J Lucy, Senior Member Decision: (1) To the extent that leave to appeal is required, it is refused. (2) The appeal is dismissed. (3) The respondent's name is amended to Commissioner for Fair Trading, Department of Customer Service. Catchwords: APPEAL - Civil and Administrative Tribunal (NSW) – Home Building – Review of decision to refuse application for contractor licence – Whether Tribunal denied appellant procedural fairness – Whether Tribunal biased – Whether Tribunal had regard to an irrelevant consideration – Whether the Tribunal's decision was legally unreasonable Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Home Building Act 1989 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Ballantyne v WorkCover Authority (NSW) [2007] NSWCA 239 Burns v Corbett (2017) 96 NSWLR 247 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208 F Hoffmann La Roche & Co AG v Secretary of State for Trade and Industry [1975] AC 295 Giddings v Australian Information Commissioner [2017] FCA 677 Ikimdzhieva t/as C & L Upholstery Services v Fudala [2017] NSWCATAP 196 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW (2018) 92 ALJR 713 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Re JRL; Ex parte CJL (1986) 161 CLR 342 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 Samimi v Queensland Building and Construction Commission [2015] QCA 106 Samimi v Queensland Building Services Authority [2013] QCAT 472 SBBA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 90 South Western Sydney Area Health Services v Edmonds [2007] NSWCA 16 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Wootten v Godfrey [2019] NSWCATAP 255 Texts Cited: None cited Category: Principal judgment Parties: Kamran Samimi (Appellant) Commissioner for Fair Trading, Department of Customer Service (Respondent) Representation: Solicitors;