Zada v Director-General, Department of Finance & Services, NSW Fair Trading [2014] NSWCATOD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zada v Director-General, Department of Finance & Services, NSW Fair Trading [2014] NSWCATOD 16 Hearing dates: 12 November 2013, 30 January 2014 Decision date: 21 March 2014 Jurisdiction: Occupational Division Before: S Frost, Senior Member Decision: Contractor licence refusal decision affirmed. Catchwords: Contractor licence application - general building work - whether applicant has requisite level of experience - "employee", "otherwise lawfully engaged", "supervised and directed" Legislation Cited: Home Building Act 1989 Home Building Regulation 2004 Instrument dated 3 July 2013 and made under clause 28(1) of the Home Building Regulation 2004 Cases Cited: Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 Category: Principal judgment Parties: Andrew Zada (Applicant) Director-General, Department of Finance & Services, NSW Fair Trading (Respondent) Representation: A Zada (Applicant) W Maynard Respondent) File Number(s): 133260

reasons for decision 1Mr Zada has applied for review of a decision to refuse his application for a contractor licence in the category of "general building work". The respondent refused that application because it was not satisfied that Mr Zada had a minimum of two years relevant industry experience in a wide range of building construction work. 2I heard Mr Zada's review application in the General Division of the ADT on 12 November 2013 but adjourned the proceedings to allow Mr Zada some time to gather further information in support of his application. 3Following the merger of the ADT into the Civil and Administrative Tribunal of New South Wales (NCAT) on 1 January 2014, I resumed the hearing in the Occupational Division of NCAT on 30 January 2014. At the end of the second hearing day I asked for some further information from the respondent, which was provided on 4 February 2014. Mr Zada responded to that information on the same day or the next day. I have had regard to both parties' communications in coming to my decision. 4I am authorised and required to determine the matter as a member of NCAT: clause 7(2) in Schedule 1 to the Civil and Administrative Tribunal Act 2013 (NCAT Act). Matters, such as this one, concerning the administrative review of decisions made under the HB Act, which were formerly dealt with in the General Division of the ADT are dealt with in the Occupational Division of NCAT: s 83B of the HB Act and clause 4(2) in Schedule 5 to the NCAT Act. 5Like the respondent, I am not satisfied that Mr Zada has the required level of practical experience for the issue of a contractor licence. I must therefore affirm the decision under review. My reasons follow.