Fong v Secretary, Department of Customer Service [2025] NSWCATOD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fong v Secretary, Department of Customer Service [2025] NSWCATOD 3 Hearing dates: 16 December 2024 Date of orders: 14 January 2025 Decision date: 14 January 2025 Jurisdiction: Occupational Division Before: J Ledda, Senior Member Decision: (1) The decision to refuse the application made by the Applicant on 4 January 2024 for an individual contractor licence under the Home Building Act 1989 (NSW) in the category of general building is set aside. (2) The matter is remitted to the Respondent for reconsideration in accordance with the directions and recommendations set out in these reasons. Catchwords: ADMINISTRATIVE LAW — home building — administrative review of refusal of application for individual contractor licence — effect of requirements imposed by notice under s 20(2) of Home Building Act 1989 (NSW) — experience obtained while employee — meaning of "employee" Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Better Regulation Legislation Amendment (Miscellaneous) Act 2024 (NSW) Building Legislation Amendment Act 2021 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Licensing and Registration (Uniform Procedures) Act 2002 (NSW) New South Wales Government Gazette, No 469, 29 November 2024 [NSWGG-2024-469-3] New South Wales Government Gazette, No 596, 23 December 2022 [n2022-2574] Cases Cited: Bird v DP (a pseudonym) [2024] HCA 41 Collins v Department of Fair Trading [2019] NSWCATAP 199 Commissioner for Fair Trading v Hall [2023] NSWCATAP 320 Commissioner for Fair Trading, NSW Department of Customer Service v Kalkan [2022] NSWCATAP 112 Hall v Commissioner for Fair Trading [2023] NSWCATOD 59 Hollis v Vabu Pty Ltd (2001) 207 CLR 21; [2001] HCA 44 Majoor v Macquarie University [2022] NSWCATAP 213 Meacham v Commissioner of Police [2020] NSWCATAP 107 NSW Self Insurance Corporation v EEH [2023] NSWCATAP 181 Snape v Commissioner of Police [2022] NSWCATAP 63 Teyfouri v Secretary of the Department of Customer Service [2024] NSWCATAD 348 Thukral v Commissioner for Fair Trading [2006] NSWADT 356 Vitogiannis v Commissioner for Fair Trading, Department of Customer Service [2020] NSWCATOD 157 Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108 Wilmot v Commissioner for Fair Trading [2021] NSWCATOD 43 Wojciechowska v Secretary, Department of Communities and Justice; Wojciechowska v Registrar, Civil and Administrative Tribunal [2023] NSWCA 191 Zada v Director-General, Department of Finance & Services, NSW Fair Trading [2014] NSWCATOD 16 Texts Cited: None Category: Principal judgment Parties: Adam Ronald Ernie Fong (Applicant) Secretary, Department of Customer Service (Respondent) Representation: Applicant (self-represented)