Mourad v Commissioner for Fair Trading [2024] NSWCATOD 5

Mourad v Commissioner for Fair Trading [2024] NSWCATOD 5

The Tribunal concluded that while Mr Mourad had committed relevant dishonesty offences within 10 years and other offences, the nature, context, and seriousness were not sufficient to determine he is not a suitable person. His unblemished professional record, absence of work-related misconduct, and rehabilitation efforts outweighed concerns. Criminal history alone does not automatically preclude registration under the Act.

Parties
Applicant: Nader Mourad; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
16 January 2024
Procedural Posture
Administrative Review / Hearing and Final Decision
Outcome
Decision under review set aside; registration continued
Legal Topics
Registration Cancellation, Fit and Proper Person, Design and Building Practitioners Act, Criminal Convictions Impact, Rehabilitation and Suitability
Administrative Law Occupational Licensing Registration Cancellation Fit and Proper Person Design and Building Practitioners Act Criminal Convictions Impact Rehabilitation and Suitability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Nader Mourad

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Hearing and Final Decision

Legal Issues

  1. 1 Whether Mr Mourad is a suitable person to hold registration under the Design and Building Practitioners Act
  2. 2 Whether criminal convictions for dishonesty preclude registration
  3. 3 Assessment of applicant's fit and proper status

Ratio Decidendi

The Tribunal concluded that while Mr Mourad had committed relevant dishonesty offences within 10 years and other offences, the nature, context, and seriousness were not sufficient to determine he is not a suitable person. His unblemished professional record, absence of work-related misconduct, and rehabilitation efforts outweighed concerns. Criminal history alone does not automatically preclude registration under the Act.

Court Disposition

Decision under review set aside; registration continued

Orders

  • The decision under review is set aside.