Debono v Commissioner for Fair Trading [2015] NSWCATOD 24

Debono v Commissioner for Fair Trading [2015] NSWCATOD 24

The applicant worked for Mr Troy Waller for 110 weeks as a subcontractor, not as an employee, and did not hold a contractor licence during that period. Because his unlicensed subcontracting breached the Home Building Act 1989, including ss 4 and 12, he was not lawfully engaged and that period could not satisfy the statutory definition of experience. He therefore did not meet the 24 months experience requirement for the general building work contractor's licence, so the refusal had to be affirmed.

Jurisdiction
Australia
Judgment Date
07 April 2015
Procedural Posture
Administrative Review of Refusal of Application for a Contractor's Licence in the Category of General Building Work / Tribunal Review After Internal Review
Outcome
The decision of the respondent to refuse the applicant's application for a contractor's licence in the category of general building work is affirmed.
Legal Topics
['contractor Licences' 'general Building Work' 'experience Requirement' 'lawfully Engaged' 'unlicensed Subcontracting']
['administrative Law' 'home Building Regulation' 'occupational Licensing'] ['contractor Licences' 'general Building Work' 'experience Requirement' 'lawfully Engaged' 'unlicensed Subcontracting']

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Procedural Posture

Administrative Review of Refusal of Application for a Contractor's Licence in the Category of General Building Work / Tribunal Review After Internal Review

Legal Issues

  1. 1 ["Whether the applicant satisfied the qualification and experience requirements for a contractor's licence in the category of general building work." "Whether the applicant's work for Mr Troy Waller as a subcontractor counted as experience because he was an employee or otherwise lawfully engaged." 'Whether the applicant met the required minimum period and breadth of acceptable relevant industry experience.']

Ratio Decidendi

The applicant worked for Mr Troy Waller for 110 weeks as a subcontractor, not as an employee, and did not hold a contractor licence during that period. Because his unlicensed subcontracting breached the Home Building Act 1989, including ss 4 and 12, he was not lawfully engaged and that period could not satisfy the statutory definition of experience. He therefore did not meet the 24 months experience requirement for the general building work contractor's licence, so the refusal had to be affirmed.

Court Disposition

The decision of the respondent to refuse the applicant's application for a contractor's licence in the category of general building work is affirmed.

Orders

  • ["The decision of the respondent to refuse the applicant's application for a contractor's licence in the category of general building work is affirmed."]