Locking v Department of Finance and Services [2013] NSWADT 239

Locking v Department of Finance and Services [2013] NSWADT 239

Applicant does not satisfy the requirement of a minimum of two years relevant industry experience in a wide range of building construction work, and his experience was not gained as an employee, but rather as a subcontractor or self-employed. Therefore, the refusal decision is correct and preferable.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 September 2013
Procedural Posture
Merits Review / Tribunal Decision
Outcome
Application refused; respondent's decision affirmed.
Legal Topics
['contractor Licensing' 'building Industry Regulation' 'merits Review of Licensing Decisions']
['administrative Law'] ['contractor Licensing' 'building Industry Regulation' 'merits Review of Licensing Decisions']

Source-derived case record

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Procedural Posture

Merits Review / Tribunal Decision

Legal Issues

  1. 1 ['Whether the applicant has a minimum of two years relevant industry experience in a wide range of building construction work' "Whether the refusal of the contractor's licence was correct and preferable"]

Ratio Decidendi

Applicant does not satisfy the requirement of a minimum of two years relevant industry experience in a wide range of building construction work, and his experience was not gained as an employee, but rather as a subcontractor or self-employed. Therefore, the refusal decision is correct and preferable.

Court Disposition

Application refused; respondent's decision 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.']