Wood v Commissioner for Fair Trading [2022] NSWCATOD 114

Wood v Commissioner for Fair Trading [2022] NSWCATOD 114

The Tribunal set aside the refusal because the evidence, including referee declarations, witness affidavits and oral evidence, established that Mr Wood had the required qualifications and at least two years' relevant industry experience in a wide range of residential building construction work within the relevant period. The Tribunal gave greater weight to the referee declarations and corroborating evidence than to ambiguous licensing officer file notes, and was satisfied that Mr Wood had sufficient experience, including doing, coordinating and supervising work under lawful engagement, to enable him to do or supervise general building work as required by the Home Building Act 1989 and the...

Jurisdiction
Australia
Judgment Date
06 October 2022
Procedural Posture
Administrative Review of Refusal to Grant an Individual Contractor Licence in the Area of General Building Work Under the Home Building Act 1989 / Review by the Civil and Administrative Tribunal of New South Wales, Occupational Division
Outcome
The application succeeded; the Respondent's decision dated 4 March 2022 was set aside and the Respondent was directed to grant the licence.
Legal Topics
['contractor Licence' 'general Building Work' 'relevant Industry Experience' 'wide Range of Building Construction Work' 'supervision and Verification of Experience']
['administrative Law' 'occupational Licensing' 'home Building Regulation'] ['contractor Licence' 'general Building Work' 'relevant Industry Experience' 'wide Range of Building Construction Work' 'supervision and Verification of Experience']

Case Brief

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Procedural Posture

Administrative Review of Refusal to Grant an Individual Contractor Licence in the Area of General Building Work Under the Home Building Act 1989 / Review by the Civil and Administrative Tribunal of New South Wales, Occupational Division

Legal Issues

  1. 1 ['Whether Mr Wood demonstrated experience in a wide range of building construction work.' 'Whether the experience Mr Wood gained was relevant industry experience.' "Whether Mr Wood's level of experience directing and supervising work was sufficient to meet s 33D(1)(b) of the Home Building Act 1989."]

Ratio Decidendi

The Tribunal set aside the refusal because the evidence, including referee declarations, witness affidavits and oral evidence, established that Mr Wood had the required qualifications and at least two years' relevant industry experience in a wide range of residential building construction work within the relevant period. The Tribunal gave greater weight to the referee declarations and corroborating evidence than to ambiguous licensing officer file notes, and was satisfied that Mr Wood had sufficient experience, including doing, coordinating and supervising work under lawful engagement, to enable him to do or supervise general building work as required by the Home Building Act 1989 and the...

Court Disposition

The application succeeded; the Respondent's decision dated 4 March 2022 was set aside and the Respondent was directed to grant the licence.

Orders

  • ['The decision of the Respondent dated 4 March 2022 is set aside.' 'The Respondent is to grant the Applicant an Individual Contractor Licence in the area of General Building Work within 28 days of the publication of these reasons for decision.']