Marino v Building Commission NSW [2024] NSWCATOD 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Marino v Building Commission NSW [2024] NSWCATOD 95 Hearing dates: 13 - 14 June 2024 Date of orders: 09 July 2024 Decision date: 09 July 2024 Jurisdiction: Occupational Division Before: K Robinson, Senior Member Decision: (1) The decision under review is set aside. (2) The Applicant is to be granted the relevant plumbing, draining, gas fitting and liquid petroleum gas fitting contractor licence under the Home Building Act 1989. (3) The Respondent is to provide to the Applicant and the Tribunal, any submissions and documents they intend to rely on in relation to the costs application on or before 4pm on 16 July 2024. (4) The Applicant is to provide to the Respondent and the Tribunal, any submissions and documents they intend to rely on in response to the costs application by 4pm on 23 July 2024. (5) Pursuant to s 50 of the Civil and Administrative Tribunal Act 2013, parties are to include in their written submissions whether a hearing in relation to the costs application can be dispensed with. Catchwords: ADMINISTRATIVE LAW – administrative review - Home Building – application for licence – plumbing, gasfitting and related work - experience requirements - requirements of applicable Instrument – requirements of form – fit and proper person Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Interpretation Act 1987 Licensing and Registration Uniform Procedures Act 2002 Cases Cited: AJO v Director-General of Transport [2012] NSWADT 101 at [26]; Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 ALDI Foods Pty Ltd v Shop Distributive and Allied Employees Association (2018) 278 IR 261 Commissioner for Fair Trading, NSW Department of Customer Service v Kalkan [2022] NSWCATAP 112 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation [1981] HCA 26; (1981) 147 CLR 297; 35 ALR 151 Fittler v New South Wales Electoral Commission (No. 2) [2008] NSWADT 116 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 McGufficke v Commissioner for Fair Trading [2022] NSWCATOD 176 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 MZAIC v Minister for Immigration and Border Protection (2016) 237 FCR 156 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Roads And Maritime Services v Desane Properties Pty Ltd [2018] NSWCA 196 Shi v Migration Agents Registration Authority [2008] HCA 31 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Sullivan v Civil Aviation Authority (2014) 22 FCR 555; [2014] FCAFC 93 YG and GG v Minister for Community Services Texts Cited: None Category: Principal judgment Parties: Giuseppe Marino (Applicant) Building Commission NSW (Respondent) Representation: Counsel: Di Lizia F G (Applicant) Lambert C (Respondent)