Wilmot v Commissioner for Fair Trading [2021] NSWCATOD 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wilmot v Commissioner for Fair Trading [2021] NSWCATOD 43 Hearing dates: 19 August 2020, 15 January 2021 Date of orders: 13 April 2021 Decision date: 13 April 2021 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member Decision: (1) The respondent's decision to refuse the applicant's application for a contractor licence is set aside. (2) In substitution for the respondent's decision, the applicant's application for a contractor licence is to be granted. (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: ADMINISTRATIVE LAW – Home building – Application for contractor licence – Whether applicant satisfied criterion in respondent's policy of having experience in a wide range of building construction work – Whether applicant satisfied criterion in respondent's policy of having been supervised by the holder of a contractor licence when doing that work – Whether applicant satisfied statutory criterion of having experience enabling him to do, or to supervise, the work for which a supervisor certificate is required – Whether applicant is capable of doing or supervising work for which a supervisor certificate is required Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Carrigan v NSW Fair Trading [2018] NSWCATOD 60 Edrees v Commissioner for Fair Trading [2021] NSWCATAD 32 Locking v Department of Finance and Services [2013] NSWADT 239 NEAT Domestic Trading Pty Ltd v AWB Ltd (2003) 216 CLR 277; [2003] HCA 35 Vitogiannis v Commissioner for Fair Trading, Department of Customer Service [2020] NSWCATOD 157 Wall v Commissioner for Fair Trading [2017] NSWCATOD 76 Watts v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2017] NSWCATOD 60 Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108 Texts Cited: None cited Category: Principal judgment Parties: Adam Wilmot (Applicant) Commissioner of Fair Trading (Respondent) Representation: Solicitors: Applicant (Self Represented) Department of Customer Service Legal (Respondent) File Number(s): 2020/00141324 Publication restriction: Nil