Wood v Commissioner for Fair Trading [2022] NSWCATOD 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wood v Commissioner for Fair Trading [2022] NSWCATOD 114 Hearing dates: 18 July 2022 Date of orders: 6 October 2022 Decision date: 06 October 2022 Jurisdiction: Occupational Division Before: J McAteer, Senior Member Decision: (1) The decision of the Respondent dated 4 March 2022 is set aside. (2) The Respondent is to grant the Applicant an Individual Contractor Licence in the area of General Building Work within 28 days of the publication of these reasons for decision. Catchwords: HOME Building Act – whether evidence establishes a wide range of building construction work experience – whether experience relevant industry experience – Individual contractor licence – General building work – whether evidence that work performed can be verified by witnesses who are not supervisors – Supervision level of experience required for licence Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Briggs v Commissioner for Fair Trading, Department of Finance Services and Innovation [2018] NSWCATOD 175 Commissioner for Fair Trading, NSW Department of Customer Service v Kalkan [2022] NSWCATAP 112 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Edwards v Commission of Fair Trading [2022] NSWCATOD 40 Locking v Department of Finance and Services [2013] NSWADT 239 Sillitoe v Commissioner for Fair Trading [2022] NSWCATAD 263 Shoobridge v Commissioner of Fair Trading [2015] NSWCATOD 42 Vitogiannis v Commissioner for Fair Trading, Department of Customer Service [2020] NSWCATOD 157 Texts Cited: None cited Category: Principal judgment Parties: Kyle Wood (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: D Smith (Applicant)