McGowen v Commissioner of Fair Trading [2021] NSWCATAD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McGowen v Commissioner of Fair Trading [2021] NSWCATAD 46 Hearing dates: 21 September 2020; 17 December 2020 Date of orders: 2 March 2021 Decision date: 02 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, 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. Catchwords: ADMINISTRATIVE LAW – building and construction – home building - experience - Instrument. Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Home Building Act 1989 Cases Cited: Commissioner of Fair Trading, Office of Finance and Services, NSW Fair Trading v Kassem [2015] NSWCATAP 173 Edrees v Commissioner for Fair Trading [2021] NSWCATAD 32 Limberis v Commissioner for Fair Trading [2017] NSWCATOD 128 Texts Cited: Nil Category: Principal judgment Parties: Norman Robert McGowen (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Family Law Solutions (Applicant) Corporate Services, Department of Customer Service (Respondent) File Number(s): 2020/00193369 Publication restriction: Nil

Reasons for Decision

Introduction 1. This is an application by Mr Norman McGowen ("the Applicant") for review of a decision by a delegate of the Commissioner for Fair Trading ("the Respondent") to refuse to grant a licence under the Home Building Act 1989 ("the Act").