Issa v Commissioner for Fair Trading [2022] NSWCATOD 159

Issa v Commissioner for Fair Trading [2022] NSWCATOD 159

The correct and preferable decision was to set aside the refusal because the Act and Instrument did not require experience in a new residential build or in every sequential step of constructing a house, and did not justify excluding remedial, refurbishment, commercial or non-habitable work merely for those reasons. Accepting the evidence of the Applicant and Mr Van Den Heuvel, the Applicant's supervised project management experience, particularly at 5-7 The Esplanade, Elizabeth Bay over 24 months together with overlapping projects, demonstrated at least two years' relevant industry experience in a wide range of building construction work and showed that he was capable of doing and...

Jurisdiction
Australia
Judgment Date
05 December 2022
Procedural Posture
Administrative Review of Refusal of Application for an Individual Endorsed Contractor Licence in the Category of General Building Work / Decision After Hearing and Written Submissions
Outcome
The Respondent's decision was set aside and the Applicant's application for an individual endorsed contractor licence was ordered to be granted.
Legal Topics
['contractor Licence' 'endorsed Contractor Licence' 'general Building Work' 'supervisor Certificate' 'relevant Industry Experience' 'wide Range of Building Construction Work' 'remedial Building Work' 'residential Building Work']
['administrative Law' 'home Building' 'occupational Licensing'] ['contractor Licence' 'endorsed Contractor Licence' 'general Building Work' 'supervisor Certificate' 'relevant Industry Experience' 'wide Range of Building Construction Work' 'remedial Building Work' 'residential Building Work']

Case Brief

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Procedural Posture

Administrative Review of Refusal of Application for an Individual Endorsed Contractor Licence in the Category of General Building Work / Decision After Hearing and Written Submissions

Legal Issues

  1. 1 ["Whether the Applicant had at least two years' relevant industry experience in a wide range of building construction work, with the majority obtained within 10 years of the licence application." 'Whether remedial, refurbishment, commercial, or non-habitable construction work could be considered relevant experience for the purposes of the Act and Instrument.' 'Whether the Applicant was supervised and directed by the nominated supervisor as required by the Instrument.' 'Whether the Applicant was capable of doing or supervising the work for which an individual endorsed contractor licence in general building work is required.']

Ratio Decidendi

The correct and preferable decision was to set aside the refusal because the Act and Instrument did not require experience in a new residential build or in every sequential step of constructing a house, and did not justify excluding remedial, refurbishment, commercial or non-habitable work merely for those reasons. Accepting the evidence of the Applicant and Mr Van Den Heuvel, the Applicant's supervised project management experience, particularly at 5-7 The Esplanade, Elizabeth Bay over 24 months together with overlapping projects, demonstrated at least two years' relevant industry experience in a wide range of building construction work and showed that he was capable of doing and...

Court Disposition

The Respondent's decision was set aside and the Applicant's application for an individual endorsed 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...