Vitogiannis v Commissioner for Fair Trading, Department of Customer Service [2020] NSWCATOD 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vitogiannis v Commissioner for Fair Trading, Department of Customer Service [2020] NSWCATOD 157 Hearing dates: 1 October 2020 Date of orders: 24 December 2020 Decision date: 24 December 2020 Jurisdiction: Occupational Division Before: D Dinnen, Senior Member Decision: (1) The respondent's decision to refuse the applicant's application for a contractor licence, endorsed to show that it is the equivalent of a supervisor certificate, is set aside. (2) In substitution for that decision, the Tribunal decides that the respondent is to issue the applicant with a contractor licence, endorsed to show that it is the equivalent of a supervisor certificate, within 28 days of the date of this decision. Catchwords: ADMINISTRATIVE LAW – administrative review – licensing – whether Applicant meets requirements for issue of builders licence - application of Instrument - "wide range of building construction work" - experience requirements met Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Home Building Regulation 2014 Licensing and Registration (Uniform Procedures) Act 2002 Cases Cited: Briggs v Commissioner for Fair Trading Department of Finance, Services and Innovation [2018] NSWCATOD 175; Carrigan v NSW Fair Trading [2018] NSWCATOD 60; Cooper v Commissioner for Fair Trading [2017] NSWCATAD 242; Limberis v Commissioner for Fair Trading [2017] NSWCATOD 128 Locking v Department of Finance and Services [2013] NSWADT 239 Ngo v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATOD 103 Price v Commissioner of Fair Trading [2017] NSWCATOD 108 Price v Commissioner for Fair Trading [2020] NSWCATOD 93 Shoobridge v Commissioner for Fair Trading [2015] NSWCATOD 42 Wall v Commissioner for Fair Trading [2017] NSWCATOD 76 Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108; Texts Cited: None cited Category: Principal judgment Parties: Jim Vitogiannis (Applicant) Commissioner for Fair Trading, Department of Customer Service (Respondent) Representation: Solicitors: Almassian Lawyers (Applicant) Department of Customer Service (Respondent) File Number(s): 2020/00173635 Publication restriction: Nil