Merhi v Commissioner for Fair Trading [2014] NSWCATOD 143

Merhi v Commissioner for Fair Trading [2014] NSWCATOD 143

Experience gained as an unlicensed subcontractor does not constitute lawful engagement under the Home Building Act 1989 and Home Building Regulation 2004. Therefore, Mr Merhi did not satisfy the required period of lawful experience for licence eligibility, as he was neither an employee nor lawfully engaged during the period claimed.

Parties
Applicant: Matthew Merhi; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
02 December 2014
Procedural Posture
Administrative Review / Merits Review; Decision After Hearing
Outcome
Tribunal affirms the Respondent's decision to refuse a licence to Mr Merhi
Legal Topics
Contractor Licensing, Experience Requirements, Unlicensed Work
Administrative Law Occupational Regulation Home Building Law Contractor Licensing Experience Requirements Unlicensed Work

Case Brief

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Parties

Matthew Merhi

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Merits Review; Decision After Hearing

Legal Issues

  1. 1 Whether Mr Merhi met the requirement of 24 months' lawful experience for a contractor licence under the Home Building Act 1989 and relevant regulations
  2. 2 Whether work as an unlicensed subcontractor qualifies as lawful experience

Ratio Decidendi

Experience gained as an unlicensed subcontractor does not constitute lawful engagement under the Home Building Act 1989 and Home Building Regulation 2004. Therefore, Mr Merhi did not satisfy the required period of lawful experience for licence eligibility, as he was neither an employee nor lawfully engaged during the period claimed.

Court Disposition

Tribunal affirms the Respondent's decision to refuse a licence to Mr Merhi

Orders

  • The tribunal affirms the Respondent's decision that Mr Merhi did not meet the 24 months experience requirement as he was neither an employee nor lawfully engaged during this time.
  • The tribunal affirms the Respondent's decision to refuse a licence to Mr Merhi.