Salis v Commissioner for Fair Trading [2023] NSWCATOD 188

Salis v Commissioner for Fair Trading [2023] NSWCATOD 188

On the totality of the evidence, including referee statements, corroborative documentation and Mr Bartlett’s opinion, the Tribunal was comfortably satisfied that Mr Salis has obtained the requisite two years’ relevant industry experience in a wide range of building construction work, and has met the statutory requirements for the licence variation under the Home Building Act 1989 and the relevant Instrument.

Parties
Applicant: Adam Salis; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
19 December 2023
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision under review set aside; licence variation granted to applicant.
Legal Topics
Home Building Act, Contractor Licensing, Relevant Industry Experience, Tribunal Review
Administrative Law Occupational Licensing Home Building Act Contractor Licensing Relevant Industry Experience Tribunal Review

Case Brief

Summary, issues, holding and outcome

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Parties

Adam Salis

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether the applicant has demonstrated experience in a 'wide range of building construction work'
  2. 2 Whether the experience is 'relevant industry experience' as required by the statutory instrument
  3. 3 Whether the applicant’s supervision and direction of work satisfies the requirements of s 33D(1)(b) of the Home Building Act 1989

Ratio Decidendi

On the totality of the evidence, including referee statements, corroborative documentation and Mr Bartlett’s opinion, the Tribunal was comfortably satisfied that Mr Salis has obtained the requisite two years’ relevant industry experience in a wide range of building construction work, and has met the statutory requirements for the licence variation under the Home Building Act 1989 and the relevant Instrument.

Court Disposition

Decision under review set aside; licence variation granted to applicant.

Orders

  • The decision of the Respondent dated 1 December 2022 is set aside.
  • The Respondent is to grant the Applicant a variation to his licence – specifically an Individual Contractor Licence in the area of General Building Work within 28 days of the publication of these reasons for decision.