Yu v Commissioner for Fair Trading [2024] NSWCATOD 61

Yu v Commissioner for Fair Trading [2024] NSWCATOD 61

The applicant did not satisfy the requirement of at least two years' relevant industry experience in a wide range of residential building construction work as defined in the statutes and published Instrument, as the majority of his experience was in commercial, not residential, building.

Parties
Applicant: Xudong Yu; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
13 May 2024
Procedural Posture
Administrative Review / Final Decision
Outcome
Decision under review affirmed; application refused.
Legal Topics
Contractor Licensing, Experience Requirements, Home Building Act 1989 (nsw), Application of Instrument, Residential Versus Commercial Building Experience
Administrative Law Home Building Contractor Licensing Experience Requirements Home Building Act 1989 (nsw) Application of Instrument Residential Versus Commercial Building Experience

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Parties

Xudong Yu

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether the applicant satisfied the experience requirement for a contractor licence in the category of general building work under the Home Building Act 1989 (NSW) and the relevant Instrument.

Ratio Decidendi

The applicant did not satisfy the requirement of at least two years' relevant industry experience in a wide range of residential building construction work as defined in the statutes and published Instrument, as the majority of his experience was in commercial, not residential, building.

Court Disposition

Decision under review affirmed; application refused.

Orders

  • The decision under review is affirmed.