CHA licence suspension set aside where investigation remained incomplete and no show cause notice was issued.

Continued suspension of a CHA licence for several months without completion of investigation or issue of a show cause notice was found unsustainable, as the inquiry remained unfinished and the suspension was harming the licensee's business. The suspension order was therefore set aside and the CHA licence directed to be restored. At the same time, the department was left free to continue the investigation and adopt suitable safeguards to ensure that the inquiry was not prejudiced.

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Issues: Whether the suspension of the CHA licence, continued for several months without completion of investigation or issue of show cause notice, should be set aside and the licence restored.

Analysis: The licence had remained under suspension for about eight months while the investigation was still incomplete. The circumstances showed that the matter had not been finalised and that continued suspension was affecting the applicants' business. The direction was that the licence be restored, while preserving the department's right to continue the investigation and take suitable safeguards so that inquiry is not prejudiced.

Conclusion: The suspension order was set aside and the CHA licence was directed to be restored in favour of the applicants.

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