Keogh v Commissioner for Fair Trading [2021] NSWCATOD 30

Keogh v Commissioner for Fair Trading [2021] NSWCATOD 30

The Tribunal found Mr Keogh knowingly provided false or misleading information in his licencing applications, constituting improper conduct under the Home Building Act 1989. Given the recurrence of such conduct (2013 and 2018) and its direct relevance to occupational licensing and public confidence, the Tribunal affirmed that Mr Keogh is not a fit and proper person to hold the licence. However, balancing protective and deterrence aims, the Tribunal varied the penalty by reducing the disqualification period from two years to 18 months while affirming the cancellation of the licence.

Jurisdiction
Australia
Judgment Date
24 March 2021
Procedural Posture
Administrative Review / Decision After Hearing
Outcome
Affirmed in part, varied in part
Legal Topics
['fit and Proper Person Test' 'home Building Act Disciplinary Action' 'false or Misleading Information' 'licence Cancellation and Disqualification' 'penalty Determination']
['administrative Law' 'occupational Licensing'] ['fit and Proper Person Test' 'home Building Act Disciplinary Action' 'false or Misleading Information' 'licence Cancellation and Disqualification' 'penalty Determination']

Case Brief

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Procedural Posture

Administrative Review / Decision After Hearing

Legal Issues

  1. 1 ['Whether the applicant is guilty of improper conduct under the Home Building Act 1989' 'Whether the applicant is a fit and proper person to hold the relevant contractor licence' 'Whether the penalty imposed (cancellation and disqualification) is appropriate']

Ratio Decidendi

The Tribunal found Mr Keogh knowingly provided false or misleading information in his licencing applications, constituting improper conduct under the Home Building Act 1989. Given the recurrence of such conduct (2013 and 2018) and its direct relevance to occupational licensing and public confidence, the Tribunal affirmed that Mr Keogh is not a fit and proper person to hold the licence. However, balancing protective and deterrence aims, the Tribunal varied the penalty by reducing the disqualification period from two years to 18 months while affirming the cancellation of the licence.

Court Disposition

Affirmed in part, varied in part

Orders

  • ["The Respondent's decision that Mr Keogh is not a fit and proper person pursuant to sections 56(b) and 56(c) of the Home Building Act 1989 is affirmed." "The Tribunal affirms the Respondent's decision to cancel Mr Keogh's licence." 'The Tribunal varies the penalty by dismissing the disqualification period of two...