Sillitoe v Commissioner for Fair Trading [2022] NSWCATOD 135

Sillitoe v Commissioner for Fair Trading [2022] NSWCATOD 135

The Tribunal was satisfied on the totality of the evidence that Mr Sillitoe had the relevant qualifications, had at least two years' relevant industry experience with the majority obtained in the last 10 years, and that the experience was in a wide range of building construction work gained while lawfully engaged and supervised or directed by appropriate licence holders; therefore the statutory refusal should be set aside and the licence variation granted.

Jurisdiction
Australia
Judgment Date
11 August 2022
Procedural Posture
Administrative Review of Refusal to Grant a Variation to a Home Building Contractor Licence / Final Decision and Orders After Hearing
Outcome
The Respondent's refusal was set aside and the Respondent was directed to grant the Applicant a variation to his licence for an Individual Contractor Licence in General Building Work.
Legal Topics
['individual Contractor Licence' 'general Building Work' 'relevant Industry Experience' 'wide Range of Building Construction Work' 'supervision and Direction by Endorsed Licence Holder' 'correct and Preferable Decision']
['administrative Law' 'occupational Licensing' 'home Building'] ['individual Contractor Licence' 'general Building Work' 'relevant Industry Experience' 'wide Range of Building Construction Work' 'supervision and Direction by Endorsed Licence Holder' 'correct and Preferable Decision']

Case Brief

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Procedural Posture

Administrative Review of Refusal to Grant a Variation to a Home Building Contractor Licence / Final Decision and Orders After Hearing

Legal Issues

  1. 1 ['Whether the Tribunal could be satisfied that Mr Sillitoe demonstrated experience in a wide range of building construction work.' 'Whether the Tribunal could be satisfied that the experience Mr Sillitoe gained was relevant industry experience.' 'Whether the Tribunal could be satisfied that Mr Sillitoe was supervised and directed in doing the work by the holder of an endorsed contractor licence or supervisor certificate authorising the holder to supervise the work.']

Ratio Decidendi

The Tribunal was satisfied on the totality of the evidence that Mr Sillitoe had the relevant qualifications, had at least two years' relevant industry experience with the majority obtained in the last 10 years, and that the experience was in a wide range of building construction work gained while lawfully engaged and supervised or directed by appropriate licence holders; therefore the statutory refusal should be set aside and the licence variation granted.

Court Disposition

The Respondent's refusal was set aside and the Respondent was directed to grant the Applicant a variation to his licence for an Individual Contractor Licence in General Building Work.

Orders

  • ['The decision of the Respondent under s 14 (3) of the Licensing and Registration (Uniform Procedures) Act 2002 dated 6 September 2021 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...