Cosbar Constructions Pty Ltd v Director General, New South Wales Fair Trading [2015] NSWCATOD 67

Cosbar Constructions Pty Ltd v Director General, New South Wales Fair Trading [2015] NSWCATOD 67

The Tribunal found that while Mr Costello had been careless in completion of forms and breached website requirements, these matters did not demonstrate ongoing dishonesty or lack of integrity. There was insufficient evidence he acted unlawfully as a builder when unlicensed, and his explanations about declarations and experience were accepted. As the nominated supervisor, Mr Hansen, would be responsible for technical work, there was no basis to find that Mr Costello would influence Cosbar's operations to compromise public interest. Consequently, Cosbar should not be refused a building contractor licence.

Parties
Applicant: Cosbar Constructions Pty Ltd; Respondent: Director General, NSW Fair Trading
Jurisdiction
Australia
Judgment Date
09 July 2015
Procedural Posture
Administrative Review / Merits Review (hearing De Novo, on the Merits)
Outcome
Decision of the Respondent is set aside.
Legal Topics
Contractor Licensing, Fit and Proper Person Test, Public Interest Discretion, Procedural Fairness
Administrative Law Building and Construction Law Contractor Licensing Fit and Proper Person Test Public Interest Discretion Procedural Fairness

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Parties

Cosbar Constructions Pty Ltd

Applicant

Director General, NSW Fair Trading

Respondent

Procedural Posture

Administrative Review / Merits Review (hearing De Novo, on the Merits)

Legal Issues

  1. 1 Whether Cosbar Constructions Pty Ltd should be refused a building contractor licence due to the 'fit and proper person' test as applied through its sole director, Mr Costello
  2. 2 Whether public interest grounds exist for discretionary refusal under section 20(6) of the Home Building Act 1989 (NSW)

Ratio Decidendi

The Tribunal found that while Mr Costello had been careless in completion of forms and breached website requirements, these matters did not demonstrate ongoing dishonesty or lack of integrity. There was insufficient evidence he acted unlawfully as a builder when unlicensed, and his explanations about declarations and experience were accepted. As the nominated supervisor, Mr Hansen, would be responsible for technical work, there was no basis to find that Mr Costello would influence Cosbar's operations to compromise public interest. Consequently, Cosbar should not be refused a building contractor licence.

Court Disposition

Decision of the Respondent is set aside.

Orders

  • The decision of the Director General, NSW Fair Trading refusing Cosbar Constructions Pty Ltd a building contractor licence is set aside.