Khouri v Commissioner for Fair Trading [2023] NSWCATOD 135
The applicant failed to adduce objective evidence of special circumstances, including family or financial hardship, nor evidence to negate a potential commercial purpose. Without such evidence, special circumstances under s 32(1A) of the Home Building Act 1989 (NSW) were not established and the owner-builder permit could not be granted.
- Jurisdiction
- Australia
- Judgment Date
- 07 September 2023
- Procedural Posture
- Administrative Review / Final Decision After Hearing
- Outcome
- The Tribunal affirmed the decision under review, refusing the owner-builder permit.
- Legal Topics
- ['owner Builder Permits' 'special Circumstances' 'dual Occupancy' 'review of Administrative Decisions']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Administrative Review / Final Decision After Hearing
Legal Issues
- 1 ['Whether special circumstances exist to justify issuing an owner-builder permit for dual occupancy under s 32(1A) of the Home Building Act 1989 (NSW)' 'Whether the applicant provided objective evidence of family or financial hardship or absence of commercial purpose']
Ratio Decidendi
The applicant failed to adduce objective evidence of special circumstances, including family or financial hardship, nor evidence to negate a potential commercial purpose. Without such evidence, special circumstances under s 32(1A) of the Home Building Act 1989 (NSW) were not established and the owner-builder permit could not be granted.
Court Disposition
The Tribunal affirmed the decision under review, refusing the owner-builder permit.
Orders
- ['The decision under review is affirmed.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment