Hammond v Commissioner for Fair Trading [2020] NSWCATOD 132

Hammond v Commissioner for Fair Trading [2020] NSWCATOD 132

The late filing delay was only 12 days, was explained, and was not opposed, so time was extended. The applicant's offence of demanding property with menaces with intent to steal was an offence involving dishonesty because an intent to steal is an element of the offence. The Tribunal could not look behind the conviction to determine whether the applicant's particular conduct was dishonest. The offence was not trivial given that $43,000 was obtained and the applicant was sentenced to 13 months imprisonment with a 7 month non-parole period. The period since the offence, about three years at the date of decision, was insufficient given the seriousness of the offence. The applicant was...

Jurisdiction
Australia
Judgment Date
20 November 2020
Procedural Posture
Administrative Review of a Decision Refusing a Contractor Licence Under the Home Building Act 1989 (nsw) in the Category Floor and Wall Tiling / NCAT Occupational Division; on the Papers; Decision on Extension of Time and Review of Internal Review Decision
Outcome
Time for filing extended; respondent's decision affirmed.
Legal Topics
['contractor Licence' 'offence Involving Dishonesty' 'disqualification From Holding an Authority' 'extension of Time' 'triviality of Acts or Omissions' 'passage of Time Since Offence']
['administrative Law' 'occupational Licensing' 'home Building Regulation'] ['contractor Licence' 'offence Involving Dishonesty' 'disqualification From Holding an Authority' 'extension of Time' 'triviality of Acts or Omissions' 'passage of Time Since Offence']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review of a Decision Refusing a Contractor Licence Under the Home Building Act 1989 (nsw) in the Category Floor and Wall Tiling / NCAT Occupational Division; on the Papers; Decision on Extension of Time and Review of Internal Review Decision

Legal Issues

  1. 1 ['Whether the time for filing the application should be extended pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether demanding property with menaces with intent to steal is an offence involving dishonesty for the purposes of s 33A of the Home Building Act 1989 (NSW).' 'Whether the offence should be ignored because of the triviality of the acts or omissions giving rise to the offence.' 'Whether the offence should be ignored because of the time that has passed since it was committed.']

Ratio Decidendi

The late filing delay was only 12 days, was explained, and was not opposed, so time was extended. The applicant's offence of demanding property with menaces with intent to steal was an offence involving dishonesty because an intent to steal is an element of the offence. The Tribunal could not look behind the conviction to determine whether the applicant's particular conduct was dishonest. The offence was not trivial given that $43,000 was obtained and the applicant was sentenced to 13 months imprisonment with a 7 month non-parole period. The period since the offence, about three years at the date of decision, was insufficient given the seriousness of the offence. The applicant was...

Court Disposition

Time for filing extended; respondent's decision affirmed.

Orders

  • ['The time for filing the application is extended pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 until 4 March 2020.' "The Respondent's decision is affirmed."]