Sharman v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2020] NSWCATOD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sharman v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2020] NSWCATOD 26 Hearing dates: 13 December 2019 Date of orders: 19 March 2020 Decision date: 19 March 2020 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: (1) The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – licensing – whether applicant meets requirements for Issue of supervisor certificate - application of Instrument as policy – experience requirements not met – not unfair or unjust to apply policy – whether applicant a fit and proper person to hold the certificate Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Cases Cited: AJO v Director-General of Transport [2012] NSWADT 101 Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond [1990] HCA 33 Grewal v Commissioner for Fair Trading [2014] NSWCATOD 101 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Limberis v Commissioner for Fair Trading [2017] NSWCATOD 128 Locking v Department of Finance and Services [2013] NSWADT 239 Poythress v Director General, NSW Fair Trading [2015] NSWCATOD 100 Shoobridge v Commissioner for Fair Trading [2015] NSWCATOD 42 Smith v Commissioner of Police, New South Wales Police Force and NSW Fair Trading [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 20 SASR 70 Trengrove v Commissioner for NSW Fair Trading, Department of Finance and Services [2015] NSWCATOD 131 Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108 Zada v Director General Department of Finances and Services, NSW Fair Trading [2014] NSWCATOD 16 Texts Cited: None cited Category: Principal judgment Parties: Scott Sharman (Applicant) Commissioner for Fair Trading, Department of Finance, Services and Innovation (Respondent) Representation: Solicitors: