Wilmot v Commissioner for Fair Trading [2021] NSWCATOD 43

Wilmot v Commissioner for Fair Trading [2021] NSWCATOD 43

The applicant satisfied the respondent's policy instrument because he had more than two years' relevant residential building experience in a wide range of building construction work, gained as an employee of a contractor licence holder and under supervision by holders of endorsed contractor licences. In any event,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 April 2021
Procedural Posture
Administrative Review of Refusal of an Application for a Contractor Licence Under the Home Building Act 1989 (nsw) / Decision After Hearings in the Occupational Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The respondent's refusal decision was set aside and the applicant's application for a contractor licence was ordered to be granted.
Legal Topics
['contractor Licence' 'endorsed Contractor Licence' 'supervisor Certificate Requirements' 'relevant Industry Experience' 'wide Range of Building Construction Work' 'policy Instrument' 'correct and Preferable Decision']
['administrative Law' 'home Building Licensing'] ['contractor Licence' 'endorsed Contractor Licence' 'supervisor Certificate Requirements' 'relevant Industry Experience' 'wide Range of Building Construction Work' 'policy Instrument' 'correct and Preferable Decision']

Source-derived case record

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Procedural Posture

Administrative Review of Refusal of an Application for a Contractor Licence Under the Home Building Act 1989 (nsw) / Decision After Hearings in the Occupational Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ["Whether the applicant had at least two years' relevant industry experience in a wide range of building construction work within the respondent's policy instrument." "Whether the applicant's experience was gained as an employee of a holder of a contractor licence and under supervision by the holder of an endorsed contractor licence." 'Whether the applicant had experience of such a kind and for such a period as would enable him to do, or to supervise, the work for which a supervisor certificate is required under s 33D(1)(b) of the Home Building Act 1989 (NSW).' 'Whether the applicant was capable of doing or supervising work for which a supervisor certificate is required under s 33D(1)(c) of the Home Building Act 1989 (NSW).']

Ratio Decidendi

The applicant satisfied the respondent's policy instrument because he had more than two years' relevant residential building experience in a wide range of building construction work, gained as an employee of a contractor licence holder and under supervision by holders of endorsed contractor licences. In any event, on the totality of the evidence, including referee evidence and the applicant's work across many trades and supervisory roles, the Tribunal was satisfied that he had experience of the kind and period required by s 33D(1)(b) and was capable of doing and supervising the work for which a supervisor certificate is required under s 33D(1)(c). The correct and preferable decision was...

Court Disposition

The respondent's refusal decision was set aside and the applicant's application for a contractor licence was ordered to be granted.

Orders

  • ["The respondent's decision to refuse the applicant's application for a contractor licence is set aside." "In substitution for the respondent's decision, the applicant's application for a contractor licence is to be granted." 'The respondent is to effect the grant of the individual endorsed contractor licence to the...