Osman v Commissioner for Fair Trading [2015] NSWCATOD 12

Osman v Commissioner for Fair Trading [2015] NSWCATOD 12

The Tribunal found that the applicant was not subject to an unsatisfied tribunal order due to discharge from bankruptcy, took reasonable steps to avoid bankruptcy and liquidation, was not precluded from holding a licence as a fit and proper person, and that the applicable regulation (cl 26 or cl 39A) should be determined upon reconsideration, with the application allowed out of time as no prejudice to the respondent was shown.

Jurisdiction
Australia
Judgment Date
04 March 2015
Procedural Posture
Review of Administrative Decision / Decision on Application for Extension of Time and Substantive Merits Review
Outcome
Application for extension of time granted; matter remitted for reconsideration with recommendation to grant contractor licence under applicable regulation.
Legal Topics
['contractor Licence' 'fit and Proper Person' 'extension of Time' 'bankruptcy Discharge' 'satisfaction of Tribunal Orders']
['administrative Law' 'occupational Licensing' 'bankruptcy' 'home Building Law'] ['contractor Licence' 'fit and Proper Person' 'extension of Time' 'bankruptcy Discharge' 'satisfaction of Tribunal Orders']

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Procedural Posture

Review of Administrative Decision / Decision on Application for Extension of Time and Substantive Merits Review

Legal Issues

  1. 1 ['Whether the time for lodging an application to the Tribunal should be extended' 'Whether the applicant is a fit and proper person to hold a contractor licence under the Home Building Act 1989' 'Whether the applicant is subject to an unsatisfied order of the former Consumer, Trader and Tenancy Tribunal' 'Whether the applicant was a director of an externally administered body corporate within the relevant period so as to be disqualified under the Home Building Regulation 2004' 'Whether there is any evident risk to the public from granting the licence']

Ratio Decidendi

The Tribunal found that the applicant was not subject to an unsatisfied tribunal order due to discharge from bankruptcy, took reasonable steps to avoid bankruptcy and liquidation, was not precluded from holding a licence as a fit and proper person, and that the applicable regulation (cl 26 or cl 39A) should be determined upon reconsideration, with the application allowed out of time as no prejudice to the respondent was shown.

Court Disposition

Application for extension of time granted; matter remitted for reconsideration with recommendation to grant contractor licence under applicable regulation.

Orders

  • ['The time for applying to the Tribunal is extended until the day the application was lodged.' "The case is remitted for reconsideration in accordance with the Tribunal's recommendation that the applicant be granted a contractor licence pursuant to whichever of cl 26 or cl 39A of the Home Building Regulation 2004 is...