Lee v Commissioner for Fair Trading [2024] NSWCATOD 79

Lee v Commissioner for Fair Trading [2024] NSWCATOD 79

Applicant's experience is at least equivalent to the prescribed requirements for registration under the relevant classes as required by clause 3(a) of Schedule 2 to the Design and Building Practitioners Regulation 2021. The decision to refuse registration was based on a misinterpretation of the equivalency test; the correct and preferable decision is to grant registration.

Jurisdiction
Australia
Judgment Date
17 June 2024
Procedural Posture
Administrative Review / Final Determination
Outcome
decision under review set aside; registration granted
Legal Topics
['professional Engineer Registration' 'design Practitioner Registration' 'registration Equivalency' 'building Classes' 'statutory Interpretation']
['administrative Law' 'occupational Regulation'] ['professional Engineer Registration' 'design Practitioner Registration' 'registration Equivalency' 'building Classes' 'statutory Interpretation']

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ["Whether applicant's experience is at least equivalent to prescribed requirements for registration under Design and Building Practitioners Act 2020" 'Whether alternative registration pathway requirements are met']

Ratio Decidendi

Applicant's experience is at least equivalent to the prescribed requirements for registration under the relevant classes as required by clause 3(a) of Schedule 2 to the Design and Building Practitioners Regulation 2021. The decision to refuse registration was based on a misinterpretation of the equivalency test; the correct and preferable decision is to grant registration.

Court Disposition

decision under review set aside; registration granted

Orders

  • ['The decision under review is set aside.' 'Registration as a professional engineer – mechanical, as a design practitioner – mechanical, and as a design practitioner – fire systems (mechanical smoke) under the Design and Building Practitioners Act 2020 is to be granted to the Applicant.']