NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner for Fair Trading v Hall [2023] NSWCATAP 320 Hearing dates: 4 August 2023 Date of orders: 01 December 2023 Decision date: 01 December 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President A Suthers, Principal Member Decision: Appeal dismissed. Catchwords: APPEAL - Administrative Law - application for a contractor licence under the Home Building Act -whether the applicant had attained experience as an employee or as a subcontractor - factors to be considered when determining whether an employer/employee relationship existed -consideration of the purpose of the requirement for experience to be attained as an employee. Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Commissioner for Fair Trading v Younan [2016] NSWCATAP 270 Hollis v Vabu Pty Ltd (2001) 207 CLR 21; Ltd [2001] HCA 44 Lombard Farms Pty Ltd v Chief Commissioner of State Revenue [2013] NSWADTAP 42 Seafarers Safety, Rehabilitation & Compensation Authority v Associated Steamships Pty Ltd [2019] FCAFC 232 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 SZTAL v Minister for Immigration & Border Protection [2017] 262 CLR 362; [2017] HCA 34 Thukral v Commissioner for Fair Trading [2006] NSWADT 356 WorkPac Pty Ltd v Skene [2018] FCAFC 131 Zada v Director-General, Department of Finance & Services, NSW Fair Trading [2014] NSWCATOD 16 Texts Cited: Not applicable Category: Principal judgment Parties: Commissioner for Fair Trading (Appellant) James Phillip Hall (Respondent) Representation: Counsel: T Bagley (Appellant) Solicitors: Shaw Reynolds Lawyers (Respondent) File Number(s): 2023/00165889 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Occupational Division Citation: [2023] NSWCATOD 59 Date of Decision: 11 May 2023 Before: D Dinnen (Senior Member) File Number(s): 2022/00281079
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