Salis v Commissioner for Fair Trading [2023] NSWCATOD 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Salis v Commissioner for Fair Trading [2023] NSWCATOD 188 Hearing dates: 28 August 2023 Date of orders: 19 December 2023 Decision date: 19 December 2023 Jurisdiction: Occupational Division Before: J McAteer Senior Member Decision: 1. The decision of the Respondent dated 1 December 2022 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 two years relevant experience the majority of which is in the last 10 years- 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 – Comfortable satisfaction that licence holder can perform the work 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 Edwards v Commission of Fair Trading [2022] NSWCATOD 40 Hall v Commissioner for Fair Trading [2023] NSWCATOD 59 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 Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108 Wood v Commissioner for Fair Trading [2022] NSWCATOD 114 Texts Cited: None Category: Principal judgment Parties: Adam Salis (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Blue Rock Legal (Applicant) Commissioner for Fair Trading, Legal (Respondent) File Number(s): 2022/00368907 Publication restriction: Nil