Hamdan v Commissioner for Fair Trading [2023] NSWCATOD 147

Hamdan v Commissioner for Fair Trading [2023] NSWCATOD 147

Although pre-signing the Certificates of Compliance with Electrical Work was serious and unacceptable, the conduct occurred in March 2016 in stressful personal circumstances, was a one-off and temporary lapse, was acknowledged and regretted, and was followed by retraining, reaccreditation, ongoing professional...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 September 2023
Procedural Posture
Administrative Review of Disciplinary Decisions Under the Home Building Act 1989 (nsw) / Decision on Application for Administrative Review
Outcome
The cancellation and disqualification decisions were set aside and substituted with decisions that the contractor licence is not cancelled and Mr Hamdan is not disqualified; directions were made for any costs submissions.
Legal Topics
['fit and Proper Person' 'contractor Licence Cancellation' 'temporary Disqualification From Holding Authority' 'certificates of Compliance With Electrical Work' 'correct and Preferable Decision']
['administrative Law' 'occupational Licensing' 'home Building and Electrical Contracting'] ['fit and Proper Person' 'contractor Licence Cancellation' 'temporary Disqualification From Holding Authority' 'certificates of Compliance With Electrical Work' 'correct and Preferable Decision']

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Procedural Posture

Administrative Review of Disciplinary Decisions Under the Home Building Act 1989 (nsw) / Decision on Application for Administrative Review

Legal Issues

  1. 1 ['Whether Mr Hamdan was a fit and proper person to hold a contractor licence in the category of electrical wiring.' "Whether the decisions cancelling Mr Hamdan's contractor licence and temporarily disqualifying him for 5 years should be affirmed, varied or set aside."]

Ratio Decidendi

Although pre-signing the Certificates of Compliance with Electrical Work was serious and unacceptable, the conduct occurred in March 2016 in stressful personal circumstances, was a one-off and temporary lapse, was acknowledged and regretted, and was followed by retraining, reaccreditation, ongoing professional development, over 500 subsequent solar panel installations and no repetition of the conduct. On the material before the Tribunal, Mr Hamdan was a fit and proper person to hold the contractor licence, so cancellation and the 5-year disqualifications were not warranted.

Court Disposition

The cancellation and disqualification decisions were set aside and substituted with decisions that the contractor licence is not cancelled and Mr Hamdan is not disqualified; directions were made for any costs submissions.

Orders

  • ["The decision to cancel Mr Hamdan's contractor licence is set aside. Instead the Tribunal decides his contractor licence is not cancelled." 'The decision to temporarily disqualify Mr Hamdan from holding any authority under the HBA for a period of 5 years is set aside. Instead the Tribunal decides he is not so...