Ur Rehman v Commissioner for Fair Trading [2023] NSWCATOD 102

Ur Rehman v Commissioner for Fair Trading [2023] NSWCATOD 102

The Applicant knowingly lodged 13 forms with NSW Fair Trading that falsely purported to be signed or authorised by Roger Harvey and falsely attributed supervision to him. The Tribunal rejected the Applicant's evidence as untruthful, accepted Mr Harvey's evidence, found the elements of s 307A of the Crimes Act 1900 (NSW) made out, and concluded that Grounds 1 and 2 of improper conduct were established. The same dishonesty, repeated over multiple applications and combined with lack of insight, meant the Applicant was not a fit and proper person for the relevant HBA and PSAA authorities. Cancellation was justified, but the periods of disqualification were varied to reflect the different...

Jurisdiction
Australia
Judgment Date
13 July 2023
Procedural Posture
Administrative Review of Disciplinary Action Concerning Home Building and Property Licences / Decision After Hearing in the Occupational Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The Respondent's decision was varied.
Legal Topics
['improper Conduct' 'fit and Proper Person' 'false or Misleading Applications' 'licence Cancellation' 'disqualification']
['administrative Law' 'occupational Licensing' 'home Building' 'property and Stock Agents' 'disciplinary Proceedings'] ['improper Conduct' 'fit and Proper Person' 'false or Misleading Applications' 'licence Cancellation' 'disqualification']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review of Disciplinary Action Concerning Home Building and Property Licences / Decision After Hearing in the Occupational Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the Applicant was guilty of improper conduct under the Home Building Act 1989 (NSW) in relation to contractor licence and supervisor certificate grounds.' 'Whether the Applicant was a fit and proper person to hold a contractor licence or supervisor certificate under the Home Building Act 1989 (NSW).' 'Whether the Applicant was a fit and proper person to be involved in the direction, management or conduct of the business of a licensee under the Property and Stock Agents Act 2002 (NSW).' 'Whether the disciplinary actions imposed by the Respondent were appropriate or should be varied.']

Ratio Decidendi

The Applicant knowingly lodged 13 forms with NSW Fair Trading that falsely purported to be signed or authorised by Roger Harvey and falsely attributed supervision to him. The Tribunal rejected the Applicant's evidence as untruthful, accepted Mr Harvey's evidence, found the elements of s 307A of the Crimes Act 1900 (NSW) made out, and concluded that Grounds 1 and 2 of improper conduct were established. The same dishonesty, repeated over multiple applications and combined with lack of insight, meant the Applicant was not a fit and proper person for the relevant HBA and PSAA authorities. Cancellation was justified, but the periods of disqualification were varied to reflect the different...

Court Disposition

The Respondent's decision was varied.

Orders

  • ["Cancellation of the Applicant's Contractor Licence No. 324588C and Supervisor Certificate No. 90170S pursuant to section 62(1)(f) of the HBA." 'Disqualifying the Applicant from holding a Contractor Licence in the category of Bricklayer under the HBA for a period of 12 months pursuant to section 62(1)(g)(i) of the...