Borovina v Commissioner for Fair Trading [2007] NSWADT 80

Borovina v Commissioner for Fair Trading [2007] NSWADT 80

Given the ICAC's finding (which is not contradicted by clear evidence) that Mr Borovina knowingly supplied false information in his licence application, combined with his persistent breaches of the Home Building Act by working while unlicensed and a lack of compelling reputation and character evidence, Mr Borovina is not a fit and proper person to hold a contractor licence as required by section 20(1)(a) and (1A) of the Home Building Act 1989.

Parties
Applicant: Slavisa Borovina; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
05 April 2007
Procedural Posture
Administrative Review / Appeal Before Tribunal From Refusal of Contractor Licence
Outcome
Application dismissed; decision affirmed
Legal Topics
Home Building Act, Contractor Licensing, Fit and Proper Person, Corrupt Conduct, Regulatory Review
Administrative Law Building and Construction Law Home Building Act Contractor Licensing Fit and Proper Person Corrupt Conduct Regulatory Review

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Parties

Slavisa Borovina

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Appeal Before Tribunal From Refusal of Contractor Licence

Legal Issues

  1. 1 Whether Mr Borovina is a fit and proper person to hold a contractor licence (carpenter) under the Home Building Act 1989

Ratio Decidendi

Given the ICAC's finding (which is not contradicted by clear evidence) that Mr Borovina knowingly supplied false information in his licence application, combined with his persistent breaches of the Home Building Act by working while unlicensed and a lack of compelling reputation and character evidence, Mr Borovina is not a fit and proper person to hold a contractor licence as required by section 20(1)(a) and (1A) of the Home Building Act 1989.

Court Disposition

Application dismissed; decision affirmed

Orders

  • The Commissioner's decision to refuse Mr Borovina's application for a contractor licence (carpenter) is affirmed