Debono v Commissioner for Fair Trading [2015] NSWCATOD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Debono v Commissioner for Fair Trading [2015] NSWCATOD 24 Hearing dates: 12 November 2014 Decision date: 07 April 2015 Jurisdiction: Occupational Division Before: S Leal, Senior Member Decision: The decision of the respondent to refuse the applicant's application for a contractor's licence in the category of general building work is affirmed. Catchwords: ADMINISTRATIVE LAW – Home Building Act – Contractor licences – general building work – lawfully engaged. Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Home Building Regulation 2004 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Sterjovski v Director-General, Department of Transport [2002] NSWADT 10 Category: Principal judgment Parties: Andrew Debono (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: A Debono (Applicant in person)

Office of Finance and Services, NSW Fair Trading (Respondent) File Number(s): 140292

Judgment

Introduction 1. Mr Debono has applied for a review of the decision to refuse his application for a contractor's licence in the category of general building work. NSW Fair Trading, who is the respondent in this matter, refused that application because Mr Debono had not demonstrated that he had satisfied the qualification requirements and had attained a minimum of two years acceptable relevant industry experience in a wide range of building construction work. 2. The respondent affirmed its decision on internal review on 5 June 2014. 3. Mr Debono lodged his application for review to this Tribunal on 4 September 2014. Due to his earlier health issues, leave was granted for Mr Debono to proceed with the application despite the fact that he had not lodged it within the required time. 4. A hearing was held by the Tribunal on 12 November 2014.