Pintur v Commissioner for Fair Trading [2016] NSWCATOD 11

Pintur v Commissioner for Fair Trading [2016] NSWCATOD 11

Although the work on the Vaucluse and Balmain sites constituted a wide range of residential building work, the applicant was engaged as a subcontractor and charged and received fees through Multicon Enterprises Pty Ltd, and neither the applicant nor the company held a contractor licence during the relevant claimed period. The applicant was therefore not lawfully engaged during that period, and the breadth of experience relied upon totalled only 22 months, so he had not satisfied the criteria in the Instrument for a qualified supervisor's certificate.

Jurisdiction
Australia
Judgment Date
02 February 2016
Procedural Posture
Application for Review of an Administrative Decision Refusing a Qualified Supervisor's Certificate in Respect of Residential Building / Administrative Review in the Occupational Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The respondent's decision was affirmed.
Legal Topics
["qualified Supervisor's Certificate" 'residential Building Work' 'lawful Engagement' 'relevant Experience' 'wide Range of Residential Building Work']
['administrative Law' 'home Building Regulation' 'occupational Licensing'] ["qualified Supervisor's Certificate" 'residential Building Work' 'lawful Engagement' 'relevant Experience' 'wide Range of Residential Building Work']

Case Brief

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Procedural Posture

Application for Review of an Administrative Decision Refusing a Qualified Supervisor's Certificate in Respect of Residential Building / Administrative Review in the Occupational Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ["Whether the applicant satisfied the criteria for issue of a qualified supervisor's certificate for residential building work." 'Whether the applicant had the requisite experience as defined in the applicable Instrument, attained under supervision while lawfully engaged.' 'Whether the work relied upon constituted a wide range of residential building work.' "Whether the applicant's subcontracting through Multicon Enterprises Pty Ltd without the relevant contractor licence was lawful engagement."]

Ratio Decidendi

Although the work on the Vaucluse and Balmain sites constituted a wide range of residential building work, the applicant was engaged as a subcontractor and charged and received fees through Multicon Enterprises Pty Ltd, and neither the applicant nor the company held a contractor licence during the relevant claimed period. The applicant was therefore not lawfully engaged during that period, and the breadth of experience relied upon totalled only 22 months, so he had not satisfied the criteria in the Instrument for a qualified supervisor's certificate.

Court Disposition

The respondent's decision was affirmed.

Orders

  • ['The decision of the respondent is affirmed.']