Hall v Commissioner for Fair Trading [2023] NSWCATOD 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hall v Commissioner for Fair Trading [2023] NSWCATOD 59 Hearing dates: 6 February 2023 Date of orders: 11 May 2023 Decision date: 11 May 2023 Jurisdiction: Occupational Division Before: D Dinnen, Senior Member Decision: (1) The Respondent's decision to refuse the Applicant's application for an Individual contractor licence is set aside. (2) In substitution for the Respondent's decision, the Applicant's application for an Individual contractor licence is to be granted. (3) The Respondent is to effect the grant of the individual contractor licence to the Applicant within 14 days of publication of these reasons. Catchwords: ADMINISTRATIVE LAW – Home building – Application for individual contractor licence – application of Instrument - experience requirements – "employee" – "remuneration" – whether an employee Legislation Cited: Administrative Decisions Review Act 1997 Building Legislation Amendment Act 2021 Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Licensing and Registration (Uniform Procedures) Act 2002 Cases Cited: Australian Air Express Pty Ltd v Langford [2005] 147 IR 240 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 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 at 41 Issa v Commissioner for Fair Trading [2022] NSWCATOD 159 Locking v Department of Finance and Services [2013] NSWADT 239 Price v Commissioner for Fair Trading [2020] NSWCATOD 93 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 SAS Trustee Corporation v Miles (2018) 265 CLR 137; [2018] HCA 55 Sollazzo v Commissioner of Fair Trading [2015] NSWCATOD 20 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Tange v New South Wales Fair Trading [2013] NSWADT 201 Vitogiannis v Commissioner for Fair Trading, Department of Customer Service [2020] NSWCATOD 157 Wilmot v Commissioner for Fair Trading [2021] NSWCATOD 43 Zada v Director General Department of Finance and Services NSW Fair Trading [2014] NSWCATOD 16 ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 Texts Cited: 'Qualification Requirements for an endorsed contractor licence or supervisor certificate for general building work' Category: Principal judgment Parties: James Phillip Hall (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Shaw Reynolds Lawyers (Applicant) Corporate Services, Department of Customer Service (Respondent) File Number(s): 2022/00281079 Publication restriction: None