Edrees v Commissioner for Fair Trading [2021] NSWCATAD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Edrees v Commissioner for Fair Trading [2021] NSWCATAD 32 Hearing dates: 16 December 2019, 2 June and 10 July 2020 Date of orders: 16 February 2021 Decision date: 16 February 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: N S Isenberg RFD, Senior Member Decision: (1) The decision under review is set aside. (2) In substitution for that decision, the Tribunal grants the applicant an individual endorsed contractor licence in the category "general building work" under the Home Building Act 1989 (NSW) (3) The Respondent is to effect the grant of the individual endorsed contractor licence to the Applicant within 14 days of publication of these reasons. Catchwords: MERITS REVIEW – building and construction – home building - Home Building Act 1989 - experience – working overseas - Instrument. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Licensing and Registration (Uniform Procedures) Act 2002 (NSW) Cases Cited: Briggs v Commissioner for Fair Trading Department of Finance, Services and Innovation [2018] NSWCATOD 175 Commissioner of Fair Trading, Office of Finance and Services, NSW Fair Trading v Kassem [2015] NSWCATAP 173 Ngo v Commissioner of Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATOD 103 Shoobridge v Commissioner for Fair Trading [2015] NSWCATOD 42 Texts Cited: None cited Category: Principal judgment Parties: Ramy Mohamed Ahmed Mohamed Edrees (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Nexus Law Group (Applicant) Department of Customer Service (Respondent) File Number(s): 2019/00221645