Barrett v Commissioner for Fair Trading [2020] NSWCATOD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Barrett v Commissioner for Fair Trading [2020] NSWCATOD 45 Hearing dates: 17 March 2020 Date of orders: 30 April 2020 Decision date: 30 April 2020 Jurisdiction: Occupational Division Before: C A Ludlow, Senior Member Decision: The decision to refuse to renew the applicant's contractor licence is affirmed. Catchwords: ADMINISTRATIVE LAW- refusal to renew contractor licence under Home Building Act 1989 (NSW) – whether applicant is fit and proper person to hold contractor licence Legislation Cited: Administrative Decisions Review Act 1998 (NSW) Home Building Act 1989 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33 Bejjani v Commissioner for Fair Trading [2004] NSWADT 262 Davidson v Director General, NSW Fair Trading [2015] NSWCATAD 9 Farah v Director General, Department of Finance and Services [2013] NSWADT 198 Leclere v Commissioner for Fair Trading [2020] NSWCATAD 15 Taouk v Director General, NSW Fair Trading [2016] NSWCATOD 41 Texts Cited: None cited Category: Principal judgment Parties: Nathan Christopher Barratt (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Applicant (Self Represented) File Number(s): 2019/00382159 Publication restriction: Nil

REASONS FOR DECISION 1. The applicant has sought a review of the respondent's decision to refuse to renew his contractor licence in the category of bricklaying under the Home Building Act 1989 (the Act). The licence was refused on the basis that the applicant was not a fit and proper person to hold a contractor's licence. The decision was confirmed on internal review.