Deeb v Commissioner for Fair Trading

[2021] NSWCATAD 253

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Deeb v Commissioner for Fair Trading [2021] NSWCATAD 253

Hearing dates:

24 August 2021

Date of orders:

30 August 2021

Decision date:

30 August 2021

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

L Pearson, Principal Member

Decision:

Pursuant to s 55(1)(d) of the Civil and Administrative Tribunal Act 2013 the application for review is dismissed.

Catchwords:

PROCEDURE – summary dismissal – want of prosecution

Legislation Cited:

Administrative Decisions Review Act 1997

Civil and Administrative Tribunal Act 2013

Home Building Act 1989

Cases Cited:

Bousgas v H.D. Constructions (Aust) Pty Ltd [2017] NSWCATAP 122

Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282

Hoser v Hartcher [1999] NSWSC 527

K & J Vision Pty Ltd v Jows Construction Pty Ltd [2019] NSWCATAP 139

Murabito v Commissioner for Fair Trading [2020] NSWCATAP 63

Saisanavong v Commissioner of Police [2020] NSWCATAD 322

Category:

Principal judgment

Parties:

Ali Deeb (Applicant)
Commissioner for Fair Trading (Respondent)

Representation:

Applicant self represented
Legal, Corporate Services, Department of Customer Services

File Number(s):

2021/120467

REASONS FOR DECISION

1. Mr Ali Deeb has applied to the Tribunal for review of the decision of the respondent to refuse his application for a contractor licence in the categories of Carpentry and Kitchen, Bathroom and Laundry under the Home Building Act 1989 (the Act).

2. The application was refused on the grounds that:

1. Mr Deeb is disqualified from holding an authority under s 33A(1)(a) of the Act due to his conviction on 21 November 2019 of “Dishonestly obtain financial advantage etc by deception T1”, and that offence was not considered a trivial matter and ignored under s 33A(2) of the Act;

2. Mr Deeb is not considered to be a fit and proper person to hold a contractor licence under s 20(1)(a) and s 20(1A) of the Act because:

1. NSW Fair Trading records indicate that 12 infringement notices have been issued against him;

2. NSW Fair Trading records indicate four complaints lodged against him arising from activities related to contracting and carrying out residential building work; and

3. Mr Deeb did not disclose in his application that he had had four complaints lodged or had been issued multiple penalty infringement notices in relation to his residential building activities; and

3. Mr Deeb had not provided evidence of building construction to be considered against the standard of experience required for a general building authority under s 33C(1)(b)(i) of the Act.

3. The refusal was affirmed on internal review on 29 March 2021.

4. The respondent has applied to the Tribunal for an order dismissing the proceeding under s 55(1)(d) of the Civil and Administrative Tribunal Act 2013 (the CAT Act). The Tribunal is required to consider whether there has been a want of prosecution by the applicant, and if so whether in the exercise of discretion the proceeding should be dismissed: Saisanavong v Commissioner of Police [2020] NSWCATAD 322.

Procedural history in the Tribunal

5. The applicant lodged his application for review on 30 April 2021. At the first directions hearing on…