Tomoski Developments Pty Ltd v Commissioner for Fair Trading [2005] NSWADT 263

Mr Tomoski's repeated breaches of the Home Building Act 1989 and his lack of understanding of the regulatory requirements as a director demonstrate that neither he nor Tomoski Developments can be relied upon to comply with the law. The company is not a fit and proper entity to hold a contractor licence and the decision to refuse the licence is affirmed.

Jurisdiction: Australia
Judgment Date: 22 November 2005
Procedural Posture: Administrative Review / Final Decision
Outcome: Application dismissed. Decision affirmed.
Legal Topics: ['contractor Licensing' 'fit and Proper Person Test' 'home Building Act Compliance']

['administrative Law' 'building and Construction Law'] ['contractor Licensing' 'fit and Proper Person Test' 'home Building Act Compliance']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Administrative Review / Final Decision

Legal Issues

1 ['Whether Mr Tomoski is a fit and proper person to hold a contractor licence given the circumstances surrounding false documentation in 2001 application.' 'Whether breaches of the Home Building Act 1989 by Tomoski Developments and Mr Tomoski demonstrate he is not fit and proper to hold a contractor licence.' 'Whether Tomoski Developments intends to employ a qualified supervisor in compliance with legislative requirements.']

Ratio Decidendi

Court Disposition

Application dismissed. Decision affirmed.

Orders

['The decision of the Commissioner to refuse application by Tomoski Developments Pty Ltd for a contractor licence is affirmed.']