Oslear v Commissioner for Fair Trading [2022] NSWCATOD 110

Oslear v Commissioner for Fair Trading [2022] NSWCATOD 110

The fact that the applicant intended to construct a new residence for his family and reside there, without any demonstrated commercial purpose, was insufficient to constitute special circumstances justifying the grant of an owner builder permit under s 32(1A) of the Home Building Act 1989 (NSW); some additional factor, such as personal or family hardship or other fairness concerns, is required.

Jurisdiction
Australia
Judgment Date
30 September 2022
Procedural Posture
Administrative Review / Final Determination (on the Papers)
Outcome
The decision under review is confirmed (application refused)
Legal Topics
['owner Builder Permits' 'administrative Review' "interpretation of 'special Circumstances'" 'dual Occupancy Applications']
['administrative Law' 'building and Construction Law'] ['owner Builder Permits' 'administrative Review' "interpretation of 'special Circumstances'" 'dual Occupancy Applications']

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Procedural Posture

Administrative Review / Final Determination (on the Papers)

Legal Issues

  1. 1 ['Whether special circumstances exist under s 32(1A) of the Home Building Act 1989 (NSW) justifying the issue of an owner-builder permit for dual occupancy work' "Interpretation of 'special circumstances' within the statutory context"]

Ratio Decidendi

The fact that the applicant intended to construct a new residence for his family and reside there, without any demonstrated commercial purpose, was insufficient to constitute special circumstances justifying the grant of an owner builder permit under s 32(1A) of the Home Building Act 1989 (NSW); some additional factor, such as personal or family hardship or other fairness concerns, is required.

Court Disposition

The decision under review is confirmed (application refused)

Orders

  • ['The decision under review is confirmed.']