Singh v Commissioner for Fair Trading [2023] NSWCATOD 123

Singh v Commissioner for Fair Trading [2023] NSWCATOD 123

The applicant's experience, though spanning 31 sites over 22 months, was largely restricted to early phases of construction, site set up and singular trade work, and did not demonstrate two years' relevant industry experience in a wide range of building construction work as required by s 33D(1)(b) of the Home Building Act 1989 and the instrument. The evidence did not show experience covering all construction stages or varied on-site roles beyond initial construction.

Jurisdiction
Australia
Judgment Date
17 August 2023
Procedural Posture
Administrative Review / Principal Judgment
Outcome
Decision under review affirmed
Legal Topics
['home Building Licences' 'experience Requirements' 'administrative Review' 'contractor Licences']
['administrative Law' 'building and Construction Law'] ['home Building Licences' 'experience Requirements' 'administrative Review' 'contractor Licences']

Case Brief

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Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 ['Whether the applicant satisfied the practical experience requirement for an individual contractor licence in general building work' "Interpretation and application of 'wide range of building construction work' under the relevant instrument"]

Ratio Decidendi

The applicant's experience, though spanning 31 sites over 22 months, was largely restricted to early phases of construction, site set up and singular trade work, and did not demonstrate two years' relevant industry experience in a wide range of building construction work as required by s 33D(1)(b) of the Home Building Act 1989 and the instrument. The evidence did not show experience covering all construction stages or varied on-site roles beyond initial construction.

Court Disposition

Decision under review affirmed

Orders

  • ['The decision under review is affirmed.']