Davidson v Director General, NSW Fair Trading [2015] NSWCATAD 9

Davidson v Director General, NSW Fair Trading [2015] NSWCATAD 9

Ms Davidson's experience, however substantial, was not gained as an employee of or as a person otherwise lawfully engaged by the licensed builders with whom she worked. It therefore did not comply with the practical experience standard made by the Director General, and the Tribunal had no power to review that...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 January 2015
Procedural Posture
Application for Administrative Review of a Decision Refusing a Contractor Licence Under the Home Building Act 1989 / Review by the Civil and Administrative Tribunal of New South Wales
Outcome
Decision confirmed
Legal Topics
['contractor Licence in the Category Building' 'practical Experience Requirements' 'reviewability of Licensing Standards' 'evidence of Referees']
['administrative Law' 'home Building Regulation' 'licensing'] ['contractor Licence in the Category Building' 'practical Experience Requirements' 'reviewability of Licensing Standards' 'evidence of Referees']

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Procedural Posture

Application for Administrative Review of a Decision Refusing a Contractor Licence Under the Home Building Act 1989 / Review by the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether Ms Davidson could satisfy the practical experience requirements for a contractor licence in the category building.' 'Whether experience gained under the supervision of a licensed builder, but not as an employee of or person otherwise lawfully engaged by that builder, satisfied the applicable standard.' 'Whether the Tribunal could review the standards made by the Director General.' 'Whether references from persons who did not hold contractor licences could be treated as unsuitable referees.']

Ratio Decidendi

Ms Davidson's experience, however substantial, was not gained as an employee of or as a person otherwise lawfully engaged by the licensed builders with whom she worked. It therefore did not comply with the practical experience standard made by the Director General, and the Tribunal had no power to review that standard. Her application for a contractor licence in the category building accordingly had to fail.

Court Disposition

Decision confirmed

Orders

  • ['The Tribunal confirms the decision not to grant Ms Davidson a contractor licence in the category building.']