SM Engineering & Construction (NSW) Pty Ltd and Mehajer v Director General, NSW Fair Trading [2015] NSWCATOD 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SM Engineering & Construction (NSW) Pty Ltd and Mehajer v Director General, NSW Fair Trading [2015] NSWCATOD 27 Hearing dates: 8 December 2014 Decision date: 09 April 2015 Jurisdiction: Occupational Division Before: S Frost, Senior Member Decision: 1. Decisions under review in each case set aside.

2. Contractor licence issued to the second applicant without conditions.

3. Contractor licence issued to the first applicant subject to a condition that it is authorised only to do residential building work, and subject to the monetary limits specified in paragraph (c) of clause 26(2) of the Home Building Regulation 2004. Catchwords: Home building – contractor licence – application for new licence – application for renewal of an existing licence – criticism of information provided by second applicant on application form – second applicant a director of companies in external administration – whether second applicant a fit and proper person – whether the Tribunal of the opinion the second applicant took "all reasonable steps" to avoid administration – whether the Tribunal of the option there is "no evident risk" that future work would not be completed – whether conditions should be, or must be, imposed on the licence Legislation Cited: Home Building Act 1989 (NSW) Home Building Regulation 2004 (NSW) Cases Cited: Avila v Director-General, Department of Finance & Services, NSW Fair Trading [2014] NSWCATOD 53 Category: Principal judgment Parties: SM Engineering & Construction (NSW) Pty Ltd (First Applicant) Salim Mehajer (Second Applicant) Director General, NSW Fair Trading (Respondent) Representation: Counsel: W Chan (Applicants)