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

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

The applicant was a director of a company under external administration not resulting from a members' voluntary winding up; he did not take all reasonable steps to avoid liquidation and failed to meet obligations under the Separation Deed and Trust Account; no clear evidence of financial capability was provided. Thus, statutory tests in s 33C of the Home Building Act 1989 (NSW) were not satisfied and refusal of the licence is confirmed.

Jurisdiction
Australia
Judgment Date
02 April 2020
Procedural Posture
Administrative Review / First Instance
Outcome
Application dismissed; Review Decision affirmed
Legal Topics
['contractor Licence Refusal' 'home Building Act' 'external Administration' "members' Voluntary Winding Up" 'reasonable Steps to Avoid Liquidation']
['administrative Law' 'occupational Licensing' 'building and Construction'] ['contractor Licence Refusal' 'home Building Act' 'external Administration' "members' Voluntary Winding Up" 'reasonable Steps to Avoid Liquidation']

Case Brief

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Procedural Posture

Administrative Review / First Instance

Legal Issues

  1. 1 ['Whether the application was for restoration or issue of a new licence.' 'Whether the applicant was a director of the externally-administered company at the time of the application for the licence.' 'Whether the applicant took all reasonable steps to avoid the liquidation of the company.' 'Whether there is no evident risk to the public that the applicant will be unable to complete contracts in the future.']

Ratio Decidendi

The applicant was a director of a company under external administration not resulting from a members' voluntary winding up; he did not take all reasonable steps to avoid liquidation and failed to meet obligations under the Separation Deed and Trust Account; no clear evidence of financial capability was provided. Thus, statutory tests in s 33C of the Home Building Act 1989 (NSW) were not satisfied and refusal of the licence is confirmed.

Court Disposition

Application dismissed; Review Decision affirmed

Orders

  • ["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."]