Edrees v Commissioner for Fair Trading [2021] NSWCATAD 32

Edrees v Commissioner for Fair Trading [2021] NSWCATAD 32

The Tribunal determined that the applicant was capable of undertaking and supervising general building work and had demonstrated relevant experience (including both New South Wales and overseas work) sufficient for the grant of an individual endorsed contractor licence, notwithstanding the lack of formal references from licensed supervisors, because applying the Instrument inflexibly would produce an unjust result.

Jurisdiction
Australia
Judgment Date
16 February 2021
Procedural Posture
Merits Review/administrative Review / Final Determination
Outcome
Decision under review set aside. Application for an individual endorsed contractor licence in 'general building work' granted.
Legal Topics
['contractor Licensing' 'home Building Act 1989 (nsw)' 'merits Review' 'experience Requirements' 'tribunal Review' 'policy Instruments']
['administrative Law' 'building and Construction Law'] ['contractor Licensing' 'home Building Act 1989 (nsw)' 'merits Review' 'experience Requirements' 'tribunal Review' 'policy Instruments']

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Procedural Posture

Merits Review/administrative Review / Final Determination

Legal Issues

  1. 1 ["Whether the applicant satisfies the experience requirements for an individual endorsed contractor licence in the category 'general building work' under the Home Building Act 1989 (NSW)" 'Whether overseas experience can be considered relevant for licensing purposes' 'Whether evidence other than that provided by a licensed supervisor is sufficient to demonstrate relevant experience']

Ratio Decidendi

The Tribunal determined that the applicant was capable of undertaking and supervising general building work and had demonstrated relevant experience (including both New South Wales and overseas work) sufficient for the grant of an individual endorsed contractor licence, notwithstanding the lack of formal references from licensed supervisors, because applying the Instrument inflexibly would produce an unjust result.

Court Disposition

Decision under review set aside. Application for an individual endorsed contractor licence in 'general building work' granted.

Orders

  • ['The decision under review is set aside.' "In substitution for that decision, the Tribunal grants the applicant an individual endorsed contractor licence in the category 'general building work' under the Home Building Act 1989 (NSW)." 'The Respondent is to effect the grant of the individual endorsed contractor...