Carrigan v NSW Fair Trading [2018] NSWCATOD 60

Carrigan v NSW Fair Trading [2018] NSWCATOD 60

Although the applicant did not strictly satisfy the qualifications and employment experience as set out in the respondent’s Instrument, the breadth and nature of his experience and qualifications established he met the substantive requirements of the Home Building Act 1989 (NSW) for the issue of an Individual Contractor Licence, justifying the grant of the licence.

Parties
Applicant: Paul Carrigan; Respondent: NSW Fair Trading
Jurisdiction
Australia
Judgment Date
27 April 2018
Procedural Posture
Administrative Review / Merits (final Decision)
Outcome
Application allowed; respondent's decision set aside
Legal Topics
Home Building, Occupational Licensing, Tribunal Review, Sufficiency of Qualifications and Experience, Merits Review
Administrative Law Home Building Occupational Licensing Tribunal Review Sufficiency of Qualifications and Experience Merits Review

Case Brief

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Parties

Paul Carrigan

Applicant

NSW Fair Trading

Respondent

Procedural Posture

Administrative Review / Merits (final Decision)

Legal Issues

  1. 1 Whether the applicant meets the qualification and experience requirements for the issue of an Individual Contractor Licence under the Home Building Act 1989 (NSW)

Ratio Decidendi

Although the applicant did not strictly satisfy the qualifications and employment experience as set out in the respondent’s Instrument, the breadth and nature of his experience and qualifications established he met the substantive requirements of the Home Building Act 1989 (NSW) for the issue of an Individual Contractor Licence, justifying the grant of the licence.

Court Disposition

Application allowed; respondent's decision set aside

Orders

  • The respondent's decision to refuse the applicant's application for an Individual Contractor Licence is set aside.
  • In substitution, the respondent is to issue the applicant with an Individual Contractor Licence on or before 18 May 2018.