Sillitoe v Commissioner for Fair Trading [2022] NSWCATOD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sillitoe v Commissioner for Fair Trading [2022] NSWCATOD 135 Hearing dates: 11 February 2022, 4 April 2022. Date of orders: 11 August 2022 Decision date: 11 August 2022 Jurisdiction: Occupational Division Before: J McAteer Senior Member Decision: (1) The decision of the Respondent under s 14 (3) of the Licensing and Registration (Uniform Procedures) Act 2002 dated 6 September 2021 is set aside. (2) The Respondent is to grant the Applicant a variation to his licence – specifically 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 Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Licensing and Registration (Uniform Procedures) Act 2002 Cases Cited: 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 Edrees v Commissioner of Fair Trading 2021 [NSW] CATAD 32 Edwards v Commission of Fair Trading [2022] NSWCATOD 40 NGO v Commissioner of Fair Trading - Department of Finance, Services and Innovation [2019] NSW CATOD Locking v Department of Finance and Services [2013] NSWADT 239 Price v Commissioner for Fair Trading [2020] NSWCATOD 93 Shoobridge v Commissioner of Fair Trading [2015] NSWCATOD 42 Texts Cited: None cited Category: Principal judgment Parties: Alan Sillitoe (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: N/A