Shariati v Commissioner for Fair Trading [2014] NSWCATOD 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shariati v Commissioner for Fair Trading [2014] NSWCATOD 146 Hearing dates: 2 September 2014 Decision date: 05 December 2014 Jurisdiction: Occupational Division Before: J Lucy, Senior Member Decision: 1. The respondent's decision to refuse the applicant's application for a supervisor certificate is set aside. 2. In substitution for that decision, the applicant's application for a supervisor certificate is granted. Catchwords: ADMINISTRATIVE LAW - Merits Review - whether decision to refuse applicant's application for a supervisors certificate in the category of general building work is correct and preferable decision - whether applicant has a minimum of two years relevant industry experience in a wide range of building construction work - whether applicant was employee or independent contractor - whether supervision requirement met. Legislation Cited: Home Building Act 1989 Licensing and Registration (Uniform Procedures) Act 2002 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 Ullrich v Commissioner for Fair Trading [2014] NSWCATOD 11 Locking v Department of Finance and Services [2013] NSWADT 239 Zada v Director-General, Department of Finance & Services, NSW Fair Trading [2014] NSWCATOD 16 Category: Principal judgment Parties: Motjaba Shariati (Applicant) Commissioner for Fair Trading (Respondent) Representation: G. Farah (Applicant's agent) Office of Fair Trading (Respondent) File Number(s): 1420192