NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hosseini v Commissioner for Fair Trading [2024] NSWCATOD 23 Hearing dates: 28 September 2023; 14 November 2023 Date of orders: 05 March 2024 Decision date: 05 March 2024 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: 1. The decision by the Commissioner for Fair Trading to refuse an application by Amir Ali Hosseini for an individual contractor licence in the area of general building work under the Home Building Act 1989 is set aside. 2. In substitution for the Commissioner for Fair Trading's decision, the application by Amir Ali Hosseini for an individual contractor licence is granted. Catchwords: Administrative Law - Individual contractor licence – General building work - Whether evidence establishes two years relevant experience - Whether evidence establishes a wide range of building construction work experience - whether experience relevant industry experience Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Home Building Act 1989 Cases Cited: Briggs v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2018] NSWCATOD 175 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 Commissioner for Fair Trading, NSW Department of Customer Service v Kalkan [2022] NSWCATAP 112 Commissioner of Fair Trading, Office of Finance and Services, NSW Fair Trading v Kassem [2015] NSWCATAP 173 Drake v Minister for Immigration and Ethnic Affairs (1979) NSW 2 ALD 60 McDonald v Director General of Social Security (1984) 1 FCR 354 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Salis v Commissioner for Fair Trading [2023] NSWCATOD 188 Category: Principal judgment Parties: A Hosseini (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Applicant (Self-Represented) Corporate Services, Department of Customer Service (Respondent) File Number(s): 2023/00183763 Publication restriction: Nil
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