Limberis v Commissioner for Fair Trading [2017] NSWCATOD 128

Limberis v Commissioner for Fair Trading [2017] NSWCATOD 128

Mr Limberis failed to provide sufficient, independently verified evidence of the requisite relevant industry experience required for the contractor licence, as his own statements and insufficient supporting evidence are inadequate; accordingly, the Tribunal must affirm the refusal of his licence application.

Parties
Applicant: Manuel Limberis; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
23 August 2017
Procedural Posture
Administrative Review / Merits Review of Refusal of Contractor's Licence
Outcome
The decision under review is affirmed.
Legal Topics
Home Building Licensing, Experience and Qualification Requirements, Application of Policy Vs Legislative Instrument, Contractor Licence Refusal
Administrative Law Building and Construction Home Building Licensing Experience and Qualification Requirements Application of Policy Vs Legislative Instrument Contractor Licence Refusal

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Parties

Manuel Limberis

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Merits Review of Refusal of Contractor's Licence

Legal Issues

  1. 1 Whether the applicant possesses the relevant experience for a contractor licence for general building work under the Home Building Act 1989 and policy instrument
  2. 2 Whether the policy instrument issued by the Commissioner is binding or a policy under the Administrative Decisions Review Act 1997
  3. 3 Whether rigid application of the policy produces an unjust result

Ratio Decidendi

Mr Limberis failed to provide sufficient, independently verified evidence of the requisite relevant industry experience required for the contractor licence, as his own statements and insufficient supporting evidence are inadequate; accordingly, the Tribunal must affirm the refusal of his licence application.

Court Disposition

The decision under review is affirmed.

Orders

  • The decision under review is affirmed.