Taouk v Director General, NSW Fair Trading [2016] NSWCATOD 41

Taouk v Director General, NSW Fair Trading [2016] NSWCATOD 41

Although the Tribunal was satisfied on the totality of the material that the Applicant probably had the relevant two years' experience and had ability to undertake the licensed work, it was not satisfied that he was a fit and proper person to hold the contractor licence. The Applicant's discrepancies, irregularities and careless failure to disclose the Kentlans directorship showed a cavalier attitude to the regulatory regime, poor understanding of licensing requirements, lack of demonstrated knowledge needed to comply with applicable laws, and insufficient acceptance of responsibility for careless and inaccurate dealings with the regulator. The decision to refuse the licence was therefore...

Jurisdiction
Australia
Judgment Date
08 April 2016
Procedural Posture
Application for Review of a Refusal of an Individual Contractor's Licence Under the Home Building Act 1989 / Review in the Occupational Division of the Civil and Administrative Tribunal of New South Wales After the Refusal Was Affirmed on Internal Review
Outcome
The decision under review is affirmed.
Legal Topics
['refusal of Contractor Licence Application' 'fit and Proper Person' 'relevant Industry Experience' 'consumer Protection in Residential Building Regulation']
['administrative Law' 'home Building Licensing' 'occupational Regulation'] ['refusal of Contractor Licence Application' 'fit and Proper Person' 'relevant Industry Experience' 'consumer Protection in Residential Building Regulation']

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Procedural Posture

Application for Review of a Refusal of an Individual Contractor's Licence Under the Home Building Act 1989 / Review in the Occupational Division of the Civil and Administrative Tribunal of New South Wales After the Refusal Was Affirmed on Internal Review

Legal Issues

  1. 1 ['Whether the Applicant met the relevant industry experience requirements for general building work under the Home Building Regulations 2004 and the applicable Instrument.' 'Whether the Applicant was a fit and proper person to hold a contractor licence under s 20(1)(a) and s 20(1A) of the Home Building Act 1989.' "Whether discrepancies, irregularities and omissions in the Applicant's licensing material, including failure to declare a directorship of Kentlans Pty Limited, affected his fitness and propriety."]

Ratio Decidendi

Although the Tribunal was satisfied on the totality of the material that the Applicant probably had the relevant two years' experience and had ability to undertake the licensed work, it was not satisfied that he was a fit and proper person to hold the contractor licence. The Applicant's discrepancies, irregularities and careless failure to disclose the Kentlans directorship showed a cavalier attitude to the regulatory regime, poor understanding of licensing requirements, lack of demonstrated knowledge needed to comply with applicable laws, and insufficient acceptance of responsibility for careless and inaccurate dealings with the regulator. The decision to refuse the licence was therefore...

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed']