Lee v Commissioner for Fair Trading [2024] NSWCATOD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lee v Commissioner for Fair Trading [2024] NSWCATOD 79 Hearing dates: 29 May 2024 Date of orders: 17 June 2024 Decision date: 17 June 2024 Jurisdiction: Occupational Division Before: K Robinson, Senior Member Decision: (1) The decision under review is set aside. (2) Registration as a professional engineer – mechanical, as a design practitioner – mechanical, and as a design practitioner – fire systems (mechanical smoke) under the Design and Building Professionals Act 2020 is to be granted to the Applicant. Catchwords: ADMINISTRATIVE LAW – administrative review - occupation - qualifications and registration - professional engineer and design practitioner registration – alternative registration pathway requirements – whether experience is at least or equivalent to prescribed requirements Legislation Cited: Administrative Decisions Review Act 1997 Building and Development Certifiers Act 2018 Design and Building Practitioners Act 2020 Home Building Act 1989 Cases Cited: Alzaaim v Commissioner for Fair Trading [2022] NSWCATOD 139 Limberis v Commissioner for Fair Trading [2017] NSWCATOD 128 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 Minister for Resources v Dover Fisheries Pty Ltd (1993) 43 FCR 565; 116 ALR 54 Mourad v Commissioner for Fair Trading [2024] NSWCATOD 5 Shi v Migration Agents Registration Authority [2008] HCA 31 Shoobridge v Commissioner of Fair Trading [2015] NSWCATOD 42 Sullivan v Civil Aviation Authority (2014) 22 FCR 555; [2014] FCAFC 93 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None Category: Principal judgment Parties: Ryu-jin Lee (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: M Fozzard (Respondent)