Hale v Commissioner of Fair Trading [2015] NSWCATOD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hale v Commissioner of Fair Trading [2015] NSWCATOD 1 Hearing dates: 18 June 2014, 26 September 2014 Date of orders: 02 February 2015 Decision date: 02 February 2015 Jurisdiction: Occupational Division Before: N Isenberg- Senior Member Decision: The Tribunal decides that the periods the applicant worked for Messrs Payne and Sentance may be taken into account in calculating his "experience". The matter is to be listed for directions on a date to be fixed for resumption of the substantive hearing, if necessary. Catchwords: licence application – experience - general building work - otherwise lawfully engaged – subcontractor – supervision – legislative intent Legislation Cited: Home Building Act 1989 Home Building Regulation 2004 Instrument dated 3 July 2013 Building Service Corporation's Bill 1989 Cases Cited: Zada v Director-General of Finance and Services, NSW Fair Trading [2014] NSWCATOD 16 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 Shariati v Commissioner for Fair Trading [2014] NSWCATOD 146 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Ozcelik v Commissioner for Fair Trading [2014] NSWCATOD 100 Category: Principal judgment Parties: Brian Hale (Applicant) Commissioner of Fair Trading (Respondent) Representation: Solicitors: B Hale (Applicant in person) Commissioner of Fair Trading (Respondent) File Number(s): 142131