Strik v Commissioner for Fair Trading [2009] NSWADT 306

Strik v Commissioner for Fair Trading [2009] NSWADT 306

The Tribunal found it implausible that the applicant did not know the licence card was not genuine, given the evidence of its fraudulent nature and lack of records of issuance or renewal. The applicant’s conduct demonstrated a lack of sufficient moral integrity and rectitude of character required by the Home Building Act 1989. The applicant is therefore not a fit and proper person to hold a qualified supervisor certificate.

Parties
Applicant: Timothy Strik; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
10 December 2009
Procedural Posture
Application for Review of Administrative Decision / General Division Decision
Outcome
Application dismissed; decision affirmed
Legal Topics
Fit and Proper Person Test, Licensing, Home Building Act 1989, Use of False Instrument
Administrative Law Building and Construction Law Fit and Proper Person Test Licensing Home Building Act 1989 Use of False Instrument

Case Brief

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Parties

Timothy Strik

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Application for Review of Administrative Decision / General Division Decision

Legal Issues

  1. 1 Whether the applicant is a fit and proper person to hold a qualified supervisor certificate under the Home Building Act 1989
  2. 2 Whether the applicant knowingly used a false or fraudulent licence card to obtain employment as an electrician

Ratio Decidendi

The Tribunal found it implausible that the applicant did not know the licence card was not genuine, given the evidence of its fraudulent nature and lack of records of issuance or renewal. The applicant’s conduct demonstrated a lack of sufficient moral integrity and rectitude of character required by the Home Building Act 1989. The applicant is therefore not a fit and proper person to hold a qualified supervisor certificate.

Court Disposition

Application dismissed; decision affirmed

Orders

  • The decision of the Commissioner is affirmed.