Tanbuz v Commissioner for Fair Trading [2023] NSWCATOD 134

The Tribunal found that, despite the seriousness and recency of past offences and the applicant's ongoing parole, Mr Tanbuz has demonstrated remorse, active rehabilitation, compliance with parole, positive community and employer references, and honest engagement with the review process. This constitutes sufficient evidence that he is presently a fit and proper person to hold the contractor licence.

Jurisdiction: Australia
Judgment Date: 04 September 2023
Procedural Posture: Administrative Review / Final Decision
Outcome: Decision under review set aside; licence granted.
Legal Topics: ['licensing' 'fit and Proper Person' 'rehabilitation' 'failure to Disclose Convictions' 'parole Effect']

['administrative Law'] ['licensing' 'fit and Proper Person' 'rehabilitation' 'failure to Disclose Convictions' 'parole Effect']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Administrative Review / Final Decision

Legal Issues

1 ['Whether the applicant is a fit and proper person to hold a contractor licence' 'Effect of past convictions and rehabilitation on fitness and propriety' 'Impact of failure to disclose all past convictions' 'Effect of parole status on licensing']

Ratio Decidendi

Court Disposition

Decision under review set aside; licence granted.

Orders

['The decision under review is set aside.' 'The decision is made that the licence is granted.']