Bejjani v Commissioner for Fair Trading

Bejjani v Commissioner for Fair Trading is a decision concerning the application of Mr. Bejjani for a contractor licence under the Fair Trading Act 1999 (NSW). Mr. Bejjani sought to obtain a licence as a qualified individual for the categories of Gasfitting and LP Gasfitting. The Commissioner for Fair Trading refused the application, leading to Mr. Bejjani appealing the decision to the NSW Civil and Administrative Tribunal (NCAT). The Tribunal was required to decide whether the Commissioner's refusal was lawful and whether the Tribunal should substitute its own decision for that of the Commissioner.

The key legal issues before the Tribunal were whether the Commissioner had acted lawfully and reasonably in refusing the application and whether the Tribunal should substitute its decision for that of the Commissioner. The Tribunal considered the evidence and submissions from both parties, as well as relevant legislation and case law. The Tribunal found that the Commissioner had not acted lawfully in refusing the application as there was no evidence to support the refusal. The Tribunal held that Mr. Bejjani had demonstrated the necessary skills and knowledge in the relevant work categories, and that the refusal was unreasonable and unjust.

As a result, the Tribunal set aside the decision of the Commissioner and substituted its own decision, determining that Mr. Bejjani should be issued with a Contractor Licence as a qualified individual for the work categories of Gasfitting and LP Gasfitting. The Tribunal also ordered that the Commissioner pay Mr. Bejjani's costs of the appeal. This decision provides guidance to contractors and the Commissioner on the requirements for obtaining a contractor licence and the standards to which such decisions must be held.