Raso v Commissioner for Fair Trading, Office of Fair Trading

The case involved Raso, a home builder, and the Commissioner for Fair Trading, Office of Fair Trading. The dispute centred around the cancellation of Raso's contractor licence and supervisor certificate, along with his disqualification from holding authority for five years. This decision was made by the Commissioner on 31 March 2006, and Raso sought to challenge it in court.

The primary legal issues for the court to address were whether the Commissioner had the authority to cancel Raso's licence and certificate and to disqualify him, and if the decision was reasonable and lawful. This involved examining the statutory provisions under the Home Building Act and determining whether the Commissioner's actions were within the scope of his powers and whether there was any procedural unfairness or bias.

The court concluded that the Commissioner did possess the authority to make such decisions under the relevant sections of the Home Building Act. However, the court found that the Commissioner had not properly exercised this authority. The decision was flawed because the Commissioner had not considered all relevant information and had failed to provide Raso with an adequate opportunity to respond to the allegations. The court also noted that the disqualification period was excessive and disproportionate, given the circumstances of the case.

Consequently, the decision of the Commissioner to cancel Raso's contractor licence and supervisor certificate and to disqualify him for five years was set aside. The court ordered that the matter be remitted back to the Commissioner for reconsideration in light of the court's findings.