Hosseini v Commissioner for Fair Trading [2024] NSWCATOD 23

Hosseini v Commissioner for Fair Trading [2024] NSWCATOD 23

The applicant established, through supervisor statements and corroborating evidence, that he had acquired at least two years' relevant industry experience in a wide range of building construction work under supervision, as required by the relevant legislation and the Instrument. As a result, he satisfied the criteria for the contractor licence, and the correct and preferable decision is to grant the licence.

Jurisdiction
Australia
Judgment Date
05 March 2024
Procedural Posture
Application for Review of Administrative Decision / Merits Review Before Occupational Division
Outcome
Application granted; original refusal set aside
Legal Topics
['contractor Licensing' 'home Building Act 1989' 'relevant Industry Experience' 'merits Review']
['administrative Law' 'occupational Licensing'] ['contractor Licensing' 'home Building Act 1989' 'relevant Industry Experience' 'merits Review']

Case Brief

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Procedural Posture

Application for Review of Administrative Decision / Merits Review Before Occupational Division

Legal Issues

  1. 1 ['Whether the applicant has two years of relevant industry experience in a wide range of building construction work for a contractor licence under the Home Building Act 1989.']

Ratio Decidendi

The applicant established, through supervisor statements and corroborating evidence, that he had acquired at least two years' relevant industry experience in a wide range of building construction work under supervision, as required by the relevant legislation and the Instrument. As a result, he satisfied the criteria for the contractor licence, and the correct and preferable decision is to grant the licence.

Court Disposition

Application granted; original refusal set aside

Orders

  • ['The decision by the Commissioner for Fair Trading to refuse an application by Amir Ali Hosseini for an individual contractor licence in the area of general building work under the Home Building Act 1989 is set aside.' "In substitution for the Commissioner for Fair Trading's decision, the application by Amir Ali...