Manassa v Commissioner for Fair Trading [2024] NSWCATOD 81

Manassa v Commissioner for Fair Trading [2024] NSWCATOD 81

Mr Manassa demonstrated special circumstances justifying the grant of an owner-builder permit for a dual occupancy because his application was motivated by genuine family need for co-residence and mutual support without a commercial purpose, and refusal would cause unfair financial hardship, thus satisfying s 32(1A) of the Home Building Act 1989.

Parties
Applicant: Mario Manassa; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
18 June 2024
Procedural Posture
Administrative Review / Final Decision
Outcome
The decision under review is set aside and an owner-builder permit is to be granted to the Applicant.
Legal Topics
Owner Builder Permits, Special Circumstances, Dual Occupancy, Home Building Act 1989, Administrative Review
Administrative Law Building and Construction Law Owner Builder Permits Special Circumstances Dual Occupancy Home Building Act 1989 Administrative Review

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Parties

Mario Manassa

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether special circumstances exist justifying the grant of an owner-builder permit for a dual occupancy under s 32(1A) of the Home Building Act 1989

Ratio Decidendi

Mr Manassa demonstrated special circumstances justifying the grant of an owner-builder permit for a dual occupancy because his application was motivated by genuine family need for co-residence and mutual support without a commercial purpose, and refusal would cause unfair financial hardship, thus satisfying s 32(1A) of the Home Building Act 1989.

Court Disposition

The decision under review is set aside and an owner-builder permit is to be granted to the Applicant.

Orders

  • The decision under review is set aside.
  • An owner-builder permit under the Home Building Act 1989 is to be granted to the Applicant.