Hassanain v Commissioner for Fair Trading [2024] NSWCATAD 220

Hassanain v Commissioner for Fair Trading [2024] NSWCATAD 220

The applicant did not meet the requirement under the Instrument published pursuant to the Home Building Act 1989 (NSW) that industry experience must be gained as an employee of the holder of a contractor licence in general building work. The evidence established that during the relevant period, the applicant was employed by MLC Contractors Group, which did not hold such a licence, and was only assigned to work for KI Building Services (which did). Accordingly, the statutory criteria for a contractor licence were not met and the refusal of the application was affirmed.

Parties
Applicant: Akram Hassanain; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
05 August 2024
Procedural Posture
Administrative Review / Merits Review Determination
Outcome
Application refused; decision under review affirmed
Legal Topics
Contractor Licensing, Experience Requirements, Administrative Decisions, Employment Relationship in Licensing
Administrative Law Home Building Contractor Licensing Experience Requirements Administrative Decisions Employment Relationship in Licensing

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Parties

Akram Hassanain

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Merits Review Determination

Legal Issues

  1. 1 Whether the applicant's industry experience was gained as an employee of the holder of a contractor licence in general building work as required by the Instrument under the Home Building Act 1989 (NSW)
  2. 2 Whether applicant could rely on additional unverified experience not included in the application

Ratio Decidendi

The applicant did not meet the requirement under the Instrument published pursuant to the Home Building Act 1989 (NSW) that industry experience must be gained as an employee of the holder of a contractor licence in general building work. The evidence established that during the relevant period, the applicant was employed by MLC Contractors Group, which did not hold such a licence, and was only assigned to work for KI Building Services (which did). Accordingly, the statutory criteria for a contractor licence were not met and the refusal of the application was affirmed.

Court Disposition

Application refused; decision under review affirmed

Orders

  • The decision under review is affirmed.