Hotait v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2020] NSWCATOD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hotait v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2020] NSWCATOD 36 Hearing dates: 10, 24 March 2020 Date of orders: 02 April 2020 Decision date: 02 April 2020 Jurisdiction: Occupational Division Before: G Blake AM SC, Senior Member Decision: The decision of the respondent made on 10 September 2019 refusing the applicant's application for a contractor licence in the category of general building work under the Home Building Act 1989 (NSW) is affirmed. Catchwords: ADMINISTRATIVE LAW - administrative review of decision to refuse the applicant's application for a contractor licence in the category of general building work under the Home Building Act 1989 (NSW) – applicant a director of an externally-administered company - whether there is no evident risk that future work would not be completed - whether applicant took all reasonable steps to avoid external administration Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Corporations Act 2001 (Cth) Home Building Act 1989 (NSW) Home Building Amendment Act 2014 (NSW) Home Building Regulation 2004 (NSW) Interpretation Act 1987 (NSW) Licensing and Registration (Uniform Procedures) Act 2002 (NSW) Property, Stock and Business Agents 2002 (NSW) Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) Cases Cited: Alford Building and Construction Pty Ltd v Commissioner of Fair Trading [2005] NSWADT 254 Avila v Director-General, Department of Finance & Services, NSW Fair Trading [2014] NSWCATOD 53 Champion Homes Sales Pty Ltd v Commissioner for Fair Trading [2018] NSWCATAP 18 Clarke v Commissioner of Fair Trading, Office of Fair Trading [2004] NSWADT 273 Dimascio v Commissioner for Fair Trading, Office of Fair Trading [2006] NSWADT 144 Hamdan v Commissioner for Fair Trading [2016] NSWCATOD 6 Poytress v Director General, NSW Fair Trading [2015] NSWCATOD 100 Re Continental Pacific [2002] NSWSC 789 Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Service Today (NSW) Pty Ltd (now known as Georges River Holdings Pty Ltd) & Magerovski v Commissioner for Fair Trading [2019] NSWCATAP 113 SM Engineering & Construction (NSW) Pty Ltd and Mehajer v Director General, NSW Fair Trading [2015] NSWCATOD 27 Texts Cited: Hansard, Legislative Assembly, 6 May 2014, second reading speech of the Home Building Amendment Bill 2014 Explanatory note to the Home Building Amendment Bill 2014 Category: Principal judgment Parties: Billal Hotait (Applicant) NSW Fair Trading (Respondent) Representation: Counsel: M Klooster (Applicant) T Bagley (Respondent)