McLeod v Commissioner for Fair Trading [2022] NSWCATOD 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McLeod v Commissioner for Fair Trading [2022] NSWCATOD 179 Hearing dates: 25 August 2022 and 6 October 2022 Date of orders: 7 November 2022 Decision date: 07 November 2022 Jurisdiction: Occupational Division Before: L Andelman, Senior Member Decision: The decision under review is affirmed Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Licensing and Registration (Uniform Procedures) Act 2002 Cases Cited: McGowen v Commissioner of Fair Trading [2021] NSWCATAD 46 Commissioner for Fair Trading, NSW Department of Customer Service v Kalkan [2022] NSWCATAP 112 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; (2022) 398 ALR 404 Wilmot v Commissioner for Fair Trading [2021] NSWCATOD 43 Wall v Commissioner for Fair Trading [2017] NSWCATOD 76 Texts Cited: Nil Category: Principal judgment Parties: Brendan McLeod (Applicant) Commissioner for Fair Trading (Respondent) Representation: Applicant (Self-represented) Department of Customer Service (Respondent) File Number(s): 2022/00084563 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. This is an application by Mr Brendan McLeod (applicant) for review of a decision by a delegate of the Commissioner for Fair Trading (respondent) to refuse the grant of an Individual Contractor Licence for General Building Work licence (general building work licence) pursuant to s 33C(1)(b)(i) of the Home Building Act 1989 (the Act) because the applicant has not met the experience requirements in accordance with 33D(1)(b) of the Act. 2. For the reasons that follow, the Tribunal affirms the respondent's decision to refuse the application for a general building work licence as the Tribunal is not satisfied based on evidence before it that the applicant has demonstrated that he has the required experience.