Edwards v Commissioner for Fair Trading [2022] NSWCATOD 40

Edwards v Commissioner for Fair Trading [2022] NSWCATOD 40

The Applicant failed to provide independent, verifiable evidence, particularly from referees or supervisors, regarding relevant industry experience in a wide range of building construction work. On the evidence presented, the Tribunal was not satisfied the Applicant met the requirements of section 33D(1) of the Home Building Act 1989 (NSW); therefore, refusal of licence was affirmed.

Jurisdiction
Australia
Judgment Date
11 April 2022
Procedural Posture
Administrative Review / Principal Judgment
Outcome
The decision under review is affirmed
Legal Topics
['licensing' 'contractor Licence' 'industry Experience' 'home Building Act' 'external Review']
['administrative Law'] ['licensing' 'contractor Licence' 'industry Experience' 'home Building Act' 'external Review']

Case Brief

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Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 ['Whether the Applicant meets requirements for issue of contractor licence under Home Building Act 1989 (NSW)' 'Whether the Applicant demonstrated minimum two years relevant industry experience' 'Whether referee statements are required to verify experience']

Ratio Decidendi

The Applicant failed to provide independent, verifiable evidence, particularly from referees or supervisors, regarding relevant industry experience in a wide range of building construction work. On the evidence presented, the Tribunal was not satisfied the Applicant met the requirements of section 33D(1) of the Home Building Act 1989 (NSW); therefore, refusal of licence was affirmed.

Court Disposition

The decision under review is affirmed

Orders

  • ['The decision under review is affirmed']