NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: New Energy Technology Solutions Pty Ltd (ACN 677931323) v Secretary, Department of Customer Service [2025] NSWCATOD 22 Hearing dates: 14 February 2025 Date of orders: 6 March 2025 Decision date: 06 March 2025 Jurisdiction: Occupational Division Before: J D Little, Senior Member Decision: The decision is affirmed. Catchwords: OCCUPATIONAL – administrative review of decision to refuse contractor licence – electrician – liquidation – insolvency – failure to establish no potential risk Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Corporations Act 2001 (Cth) Home Building Act 1989 (NSW) Cases Cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Category: Principal judgment Parties: New Energy Technology Solutions Pty Ltd (Applicant) Secretary, Department of Customer Service (Respondent) Representation: L Bilivalu (Director New Energy Technology Solutions Pty Ltd) (Applicant) Department of Customer Service (Respondent) File Number(s): 2024/00431368 Publication restriction: None
REASONS FOR DECISION 1. This is an application by the Applicant for administrative review of the Respondent to refuse to issue it with a contractor licence authorising it to carry out electrical wiring work under the Home Building Act 1989 (NSW) (the HBA). 2. The Applicant is a body corporate registered under the Corporations Act 2001 (Cth) (the Corporations Act). Mr Levi Bilivalu is the Applicant's sole director, company secretary and sole shareholder. Mr Bilivalu appeared and represented the Applicant at the hearing.
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