Martine v Commissioner for Fair Trading [2007] NSWADT 159

Martine v Commissioner for Fair Trading [2007] NSWADT 159

Although the legislative regime limited the available prescribed category to 'swimming pool building' and did not create a separate category of fibreglass pool building, Form L20's reference to swimming pool building as including concrete, fibreglass, pre-fabricated and above ground pools was inclusive rather than exhaustive. An applicant did not need experience in every listed type of pool. Because Mr Martine had at least four years acceptable experience in fibreglass swimming pool building, he satisfied that aspect of the requirements, but the matter had to be remitted so he could undertake the required Building Industry Skills Centre competency assessment.

Jurisdiction
Australia
Judgment Date
25 July 2007
Procedural Posture
External Review of Refusal to Issue a Qualified Supervisor Certificate Under Home Building Legislation / Decision After Hearing
Outcome
Matter remitted for reconsideration with recommendations.
Legal Topics
['qualified Supervisor Certificate' 'swimming Pool Building' 'home Building Act 1989' 'home Building Regulation 2004' 'experience Requirements' 'licence Conditions']
['administrative Law' 'building and Construction' 'licensing'] ['qualified Supervisor Certificate' 'swimming Pool Building' 'home Building Act 1989' 'home Building Regulation 2004' 'experience Requirements' 'licence Conditions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

External Review of Refusal to Issue a Qualified Supervisor Certificate Under Home Building Legislation / Decision After Hearing

Legal Issues

  1. 1 ['Whether Mr Martine had a minimum of four years acceptable experience in swimming pool building.' 'Whether the Commissioner had power to issue a qualified supervisor certificate limited to fibreglass pools only.' 'Whether Form L20 required experience in all types of swimming pools or whether experience in fibreglass swimming pool building was sufficient.']

Ratio Decidendi

Although the legislative regime limited the available prescribed category to 'swimming pool building' and did not create a separate category of fibreglass pool building, Form L20's reference to swimming pool building as including concrete, fibreglass, pre-fabricated and above ground pools was inclusive rather than exhaustive. An applicant did not need experience in every listed type of pool. Because Mr Martine had at least four years acceptable experience in fibreglass swimming pool building, he satisfied that aspect of the requirements, but the matter had to be remitted so he could undertake the required Building Industry Skills Centre competency assessment.

Court Disposition

Matter remitted for reconsideration with recommendations.

Orders

  • ['The matter is remitted for reconsideration by the Commissioner for Fair Trading with the recommendation that Mr Martine be granted a qualified supervisors certificate if he satisfactorily completes the competency assessment.' 'It is further recommended that if Mr Martine is granted a qualified supervisors...