Kheder v Building Commission NSW [2024] NSWCATOD 88

Kheder v Building Commission NSW [2024] NSWCATOD 88

The applicant fell under a transitional qualification in the Instrument such that the two-year 'Experience' requirement for general contractor licence variation did not apply. There was no dispute as to the applicant's underlying qualification. Even if the experience requirement did apply, the evidence established the applicant's experience in a wide range of building construction work. The Tribunal accepted the applicant's evidence about his involvement in building work, including arrangements with his company, and did not treat invoicing through a corporate entity as negating personal experience. Thus, the refusal to vary the licence was incorrect and should be set aside.

Jurisdiction
Australia
Judgment Date
28 June 2024
Procedural Posture
Administrative Review / Final Decision
Outcome
Decision under review set aside; Applicant’s contractor licence to be varied to include general building contractor category.
Legal Topics
['contractor Licence Variation' 'home Building Act Requirements' 'relevant Industry Experience' 'administrative Review']
['administrative Law' 'occupational Licensing' 'building Regulation'] ['contractor Licence Variation' 'home Building Act Requirements' 'relevant Industry Experience' 'administrative Review']

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether the applicant met the experience requirements for variation of contractor licence to include general building contractor category under the Home Building Act 1989 (NSW)' "Applicability of statutory instrument specifying experience requirements to applicant's circumstances"]

Ratio Decidendi

The applicant fell under a transitional qualification in the Instrument such that the two-year 'Experience' requirement for general contractor licence variation did not apply. There was no dispute as to the applicant's underlying qualification. Even if the experience requirement did apply, the evidence established the applicant's experience in a wide range of building construction work. The Tribunal accepted the applicant's evidence about his involvement in building work, including arrangements with his company, and did not treat invoicing through a corporate entity as negating personal experience. Thus, the refusal to vary the licence was incorrect and should be set aside.

Court Disposition

Decision under review set aside; Applicant’s contractor licence to be varied to include general building contractor category.

Orders

  • ['The Decision under review is set aside.' "The Applicant's contractor licence 324672C be varied to include the category of general building contractor licence under the Home Building Act 1989 (NSW)."]