Ivanovski v Commissioner for NSW Fair Trading, Department of Finance and Services [2013] NSWADT 274

Ivanovski v Commissioner for NSW Fair Trading, Department of Finance and Services [2013] NSWADT 274

The applicant failed to demonstrate by acceptable evidence that he has acquired a minimum of two years' relevant industry experience in a wide range of building construction work under the required legal definitions. His experience as a roof plumber, site manager, and self-employed contractor did not meet the statutory requirements for licensing, and references provided did not sufficiently establish qualifying experience under a licensed builder's supervision.

Parties
Applicant: Borce Ivanovski; Respondent: Department of Finance and Services
Jurisdiction
Australia
Judgment Date
02 December 2013
Procedural Posture
Administrative Review / Decision After Hearing
Outcome
Decision affirmed; application for contractor's licence refused.
Legal Topics
Contractor Licensing, Qualifications and Experience Requirements
Administrative Law Building and Construction Law Contractor Licensing Qualifications and Experience Requirements

Case Brief

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Parties

Borce Ivanovski

Applicant

Department of Finance and Services

Respondent

Procedural Posture

Administrative Review / Decision After Hearing

Legal Issues

  1. 1 Whether the applicant demonstrated a minimum of two years relevant industry experience in a wide range of building construction work as required for a contractor's licence in general building work.

Ratio Decidendi

The applicant failed to demonstrate by acceptable evidence that he has acquired a minimum of two years' relevant industry experience in a wide range of building construction work under the required legal definitions. His experience as a roof plumber, site manager, and self-employed contractor did not meet the statutory requirements for licensing, and references provided did not sufficiently establish qualifying experience under a licensed builder's supervision.

Court Disposition

Decision affirmed; application for contractor's licence refused.

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.