Ozcelik v Commissioner for Fair Trading [2014] NSWCATOD 100

Ozcelik v Commissioner for Fair Trading [2014] NSWCATOD 100

The applicant had the approved qualifications but did not establish at least two years' relevant industry experience in a wide range of building construction work as defined in the Instrument. His work for Biltmond Pty Ltd was subcontracting residential building work while he held no licence and was therefore not lawful experience; his work for Ibex Interiors Pty Ltd was commercial work for a company not shown to hold a residential building licence; his work for his brother was not supervised by an endorsed licence or certificate holder and was unpaid; and his Trazmet Pty Ltd work was limited to carpentry formwork, not a wide range of building construction work. The Commissioner’s refusal...

Jurisdiction
Australia
Judgment Date
07 August 2014
Procedural Posture
Administrative Review of Refusal of Application for a Contractor Licence in the Category of General Building Work / Review in the Occupational Division of the Civil and Administrative Tribunal of New South Wales After Internal Review; Written Reasons Following Oral Decision
Outcome
The respondent's decision to refuse the applicant's application for a contractor licence is affirmed.
Legal Topics
['home Building Act 1989' 'contractor Licences' 'general Building Work' 'relevant Industry Experience' 'wide Range of Building Construction Work' 'lawfully Engaged Subcontractor']
['administrative Law' 'home Building Licensing'] ['home Building Act 1989' 'contractor Licences' 'general Building Work' 'relevant Industry Experience' 'wide Range of Building Construction Work' 'lawfully Engaged Subcontractor']

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Procedural Posture

Administrative Review of Refusal of Application for a Contractor Licence in the Category of General Building Work / Review in the Occupational Division of the Civil and Administrative Tribunal of New South Wales After Internal Review; Written Reasons Following Oral Decision

Legal Issues

  1. 1 ['Whether time should be extended for lodging the Tribunal application outside the 28 day period specified by r 24(3) of the Civil and Administrative Tribunal Rules 2014 (NSW).' "Whether the applicant satisfied the requirement of at least two years' relevant industry experience in a wide range of building construction work for a contractor licence in general building work." 'Whether work performed for Biltmond Pty Ltd, Ibex Interiors Pty Ltd, Ceyhun Ozcelik, and Trazmet Pty Ltd counted as experience within the meaning of the Qualification Requirements instrument.']

Ratio Decidendi

The applicant had the approved qualifications but did not establish at least two years' relevant industry experience in a wide range of building construction work as defined in the Instrument. His work for Biltmond Pty Ltd was subcontracting residential building work while he held no licence and was therefore not lawful experience; his work for Ibex Interiors Pty Ltd was commercial work for a company not shown to hold a residential building licence; his work for his brother was not supervised by an endorsed licence or certificate holder and was unpaid; and his Trazmet Pty Ltd work was limited to carpentry formwork, not a wide range of building construction work. The Commissioner’s refusal...

Court Disposition

The respondent's decision to refuse the applicant's application for a contractor licence is affirmed.

Orders

  • ["The respondent's decision to refuse the applicant's application for a contractor licence is affirmed."]