Chalhoub v Commissioner for Fair Trading [2023] NSWCATOD 142

Chalhoub v Commissioner for Fair Trading [2023] NSWCATOD 142

The correct and preferable decision was to set aside the refusal because the applicant was a fit and proper person to hold the general concreter contractor licence. The Tribunal accepted that he bought and possessed gel blasters without knowing they were firearms in New South Wales, had no other criminal or adverse...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 September 2023
Procedural Posture
Administrative Review of a Decision Refusing a Contractor Licence in the Category of General Concreter Under the Home Building Act 1989 (nsw) / Final Decision After Hearing
Outcome
Decision under review set aside; contractor licence granted in substitution.
Legal Topics
['review of External Decision Maker' 'contractor Licence' 'fit and Proper Person' 'criminal History Disclosure' 'gel Blasters and Firearms Offences']
['administrative Law' 'occupational Licensing' 'home Building Regulation'] ['review of External Decision Maker' 'contractor Licence' 'fit and Proper Person' 'criminal History Disclosure' 'gel Blasters and Firearms Offences']

Source-derived case record

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Procedural Posture

Administrative Review of a Decision Refusing a Contractor Licence in the Category of General Concreter Under the Home Building Act 1989 (nsw) / Final Decision After Hearing

Legal Issues

  1. 1 ["Whether the Tribunal should set aside the Commissioner's decision refusing the applicant a contractor licence in the category of general concreter." 'Whether the applicant was a fit and proper person to hold a contractor licence under the Home Building Act 1989 (NSW).' "Whether the applicant's gel blaster firearms offences and Community Corrections Order justified refusal of the licence." "Whether the applicant's earlier failure to disclose his criminal history in a general building application showed lack of fitness and propriety."]

Ratio Decidendi

The correct and preferable decision was to set aside the refusal because the applicant was a fit and proper person to hold the general concreter contractor licence. The Tribunal accepted that he bought and possessed gel blasters without knowing they were firearms in New South Wales, had no other criminal or adverse police history, cooperated fully with police, and had not acquired or used them for criminal purposes. His disclosure in the general concreter application was adequate, including provision of the National Coordinated Criminal History Check Certificate, and his earlier non-disclosure in a general building application was an unsatisfactory but honest mistake that had since been...

Court Disposition

Decision under review set aside; contractor licence granted in substitution.

Orders

  • ['The decision under review is set aside.' 'In substitution for that decision, the Tribunal grants the applicant a contractor licence in the categories of general concreter under the Home Building Act 1989 (NSW).' 'The Commissioner is to grant the individual endorsed contractor licence to the applicant within 3...