Spasevski v Commissioner for Fair Trading [2017] NSWCATOD 53

Spasevski v Commissioner for Fair Trading [2017] NSWCATOD 53

The Tribunal was not satisfied, given the recency of Mr Spasevski's release from prison, limited time drug and alcohol free, absence of independent character references or evidence, and the long pattern of dishonesty offences extending into adulthood, that he is presently rehabilitated and a fit and proper person to hold a contractor licence. Decision of the Commissioner affirmed.

Jurisdiction
Australia
Judgment Date
10 April 2017
Procedural Posture
Administrative Review / Merits Review Before Tribunal
Outcome
The decision under review is affirmed.
Legal Topics
['fit and Proper Person Test' 'contractor Licensing' 'criminal History and Rehabilitation']
['administrative Law' 'occupational Licensing' 'home Building Law'] ['fit and Proper Person Test' 'contractor Licensing' 'criminal History and Rehabilitation']

Case Brief

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Procedural Posture

Administrative Review / Merits Review Before Tribunal

Legal Issues

  1. 1 ['Whether Mr Spasevski is a fit and proper person to hold a contractor licence under the Home Building Act 1989']

Ratio Decidendi

The Tribunal was not satisfied, given the recency of Mr Spasevski's release from prison, limited time drug and alcohol free, absence of independent character references or evidence, and the long pattern of dishonesty offences extending into adulthood, that he is presently rehabilitated and a fit and proper person to hold a contractor licence. Decision of the Commissioner affirmed.

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed.']