Bouchahine v Commissioner for Fair Trading [2009] NSWADT 126

Bouchahine v Commissioner for Fair Trading [2009] NSWADT 126

Although the applicant's abrogation of responsibility in relation to the 2002 application was serious, it was an isolated event that occurred almost seven years ago; the applicant's subsequent unblemished record, acceptance of fault, completion of further education, and strong supporting references demonstrate that he is now a fit and proper person to hold the licence.

Jurisdiction
Australia
Judgment Date
28 May 2009
Procedural Posture
Application for Review of Administrative Decision / Final Decision
Outcome
Application granted; decision refusing licence set aside.
Legal Topics
['contractor Licensing' 'fitness and Propriety of Applicants' 'use of False Documents in Licence Applications' 'administrative Review']
['administrative Law' 'building and Construction Law'] ['contractor Licensing' 'fitness and Propriety of Applicants' 'use of False Documents in Licence Applications' 'administrative Review']

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Procedural Posture

Application for Review of Administrative Decision / Final Decision

Legal Issues

  1. 1 ['Whether the applicant is a fit and proper person to be granted a contractor licence under the Home Building Act 1989 given previous abrogation of responsibility in submitting a licence application supported by false documents.']

Ratio Decidendi

Although the applicant's abrogation of responsibility in relation to the 2002 application was serious, it was an isolated event that occurred almost seven years ago; the applicant's subsequent unblemished record, acceptance of fault, completion of further education, and strong supporting references demonstrate that he is now a fit and proper person to hold the licence.

Court Disposition

Application granted; decision refusing licence set aside.

Orders

  • ["The decision of the Commissioner for Fair Trading to refuse Mr. Bouchahine's application for a Contractor Licence under the Home Building Act 1989 is set aside." 'In substitution for that decision, the decision is made that the application is granted.']