Tange v NSW Fair Trading [2013] NSWADT 201

Tange v NSW Fair Trading [2013] NSWADT 201

The Tribunal was satisfied on the evidence, including evidence from referees and witnesses about the Applicant's work on residential modification, construction, additions, renovations, supervisory and project management tasks, that the Applicant had gained at least two years relevant industry experience and that the experience was in a wide range of building construction work. Although much of the experience was carpentry and the Applicant had not constructed a house from start to finish, that was not conclusive; on balance he met the criteria and was entitled to the licence.

Jurisdiction
Australia
Judgment Date
28 June 2013
Procedural Posture
Application for Review of Refusal of an Individual Contractor Licence for General Building Work Under the Home Building Act 1989 / General Division Review of a Decision Affirmed on Internal Review; Written Reasons Requested Under Section 89 of the Administrative Decisions Tribunal Act 1997
Outcome
The decision under review is set aside. In its place, the decision is made that the licence is granted.
Legal Topics
['contractor Licence' 'relevant Industry Experience' 'wide Range of Building Construction Work' 'home Building Act Licence Requirements' 'merits Review']
['administrative Law' 'building and Construction' 'licensing' 'consumer Protection'] ['contractor Licence' 'relevant Industry Experience' 'wide Range of Building Construction Work' 'home Building Act Licence Requirements' 'merits Review']

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Procedural Posture

Application for Review of Refusal of an Individual Contractor Licence for General Building Work Under the Home Building Act 1989 / General Division Review of a Decision Affirmed on Internal Review; Written Reasons Requested Under Section 89 of the Administrative Decisions Tribunal Act 1997

Legal Issues

  1. 1 ['Whether the Applicant had gained at least two years relevant industry experience for a contractor licence.' "Whether the Applicant's experience was in a wide range of building construction work." 'Whether the decision refusing the licence should be set aside and replaced by a decision granting the licence.']

Ratio Decidendi

The Tribunal was satisfied on the evidence, including evidence from referees and witnesses about the Applicant's work on residential modification, construction, additions, renovations, supervisory and project management tasks, that the Applicant had gained at least two years relevant industry experience and that the experience was in a wide range of building construction work. Although much of the experience was carpentry and the Applicant had not constructed a house from start to finish, that was not conclusive; on balance he met the criteria and was entitled to the licence.

Court Disposition

The decision under review is set aside. In its place, the decision is made that the licence is granted.

Orders

  • ['The decision under review is set aside.' 'In its place, the decision is made that the licence is granted.']