Hamdan v Commissioner for Fair Trading [2015] NSWCATOD 114

Hamdan v Commissioner for Fair Trading [2015] NSWCATOD 114

Although a cancellation of an authority under s 43(1) is not itself reviewable in the Tribunal, the legislative scheme permits an application for restoration of a cancelled authority. The applicant was an applicant for restoration of an authority within s 83B(1) of the Home Building Act 1989, and the refusal or deemed refusal of that application was therefore reviewable by the Tribunal.

Jurisdiction
Australia
Judgment Date
20 October 2015
Procedural Posture
Administrative Review Concerning Restoration of a Home Building Authority / Preliminary Ruling on Tribunal Jurisdiction
Outcome
The Tribunal found that it has jurisdiction to review the respondent's decision to refuse the applicant's application for restoration of his authority that was cancelled on 19 December 2014.
Legal Topics
['cancellation of Authority' 'restoration of Authority' 'administrative Review Jurisdiction' 'deemed Internal Review Decision']
['administrative Law' 'home Building Licensing' 'occupational Regulation'] ['cancellation of Authority' 'restoration of Authority' 'administrative Review Jurisdiction' 'deemed Internal Review Decision']

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Procedural Posture

Administrative Review Concerning Restoration of a Home Building Authority / Preliminary Ruling on Tribunal Jurisdiction

Legal Issues

  1. 1 ["Whether the Tribunal has jurisdiction to review the respondent's refusal to restore the applicant's authority after it was cancelled under s 43(1) of the Home Building Act 1989." 'Whether the applicant was an applicant for restoration of an authority within s 83B(1) of the Home Building Act 1989.']

Ratio Decidendi

Although a cancellation of an authority under s 43(1) is not itself reviewable in the Tribunal, the legislative scheme permits an application for restoration of a cancelled authority. The applicant was an applicant for restoration of an authority within s 83B(1) of the Home Building Act 1989, and the refusal or deemed refusal of that application was therefore reviewable by the Tribunal.

Court Disposition

The Tribunal found that it has jurisdiction to review the respondent's decision to refuse the applicant's application for restoration of his authority that was cancelled on 19 December 2014.

Orders

  • ["The Tribunal has jurisdiction to review the respondent's decision to refuse the applicant's application for restoration of his authority that was cancelled on 19 December 2014."]