Sakkal v Commissioner for Fair Trading [2015] NSWCATOD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sakkal v Commissioner for Fair Trading [2015] NSWCATOD 78 Hearing dates: 13 July 2015 Decision date: 27 July 2015 Before: R. Deutsch, Senior Member Decision: The decision of the Respondent is set aside and substituted with a decision that the Applicant satisfies the requirements and his licence is varied to allow him to carry on work in the general building category Catchwords: Relevant work experience, supervision, owner-builder permits Legislation Cited: 1. Home Building Act 1989 and 2. Home Building Regulation 2004 Cases Cited: Zada v Director-General, Department of Finance and Services, NSW Fair Trading (2014) NSWCATOD 16 at 32 Ivanovski v Commissioner of NSW Fair Trading, Department of Finances and Services (2013) NSWADT 274. Category: Principal judgment Parties: Andrew Sakkal (Applicant) Director-General NSW Fair Trading (Respondent) Representation: Solicitors: Crown Property Lawyers (Applicant) Legal services, Department of Finance & Services (Respondent) File Number(s): 1520074

reasons for decision

Factual Background 1. On 5 August 2014, the Applicant lodged an application with the Respondent to vary his individual contractor licence to the category of general building work. In support thereof the Applicant filed certified copies of certain documents indicating his qualifications together with a Referee Statement from Mr George Boudaher signed and dated 12 December 2013. 2. On 30 November 2014, the Respondent notified the Applicant by post that the application had been refused as it was determined that the Applicant had not satisfied the experience requirement of two years acceptable experience in a wide range of building construction work. 3. On 28 November 2014, the Respondent received a request from the Applicant for an internal review of the refusal decision. This request was supported by the following additional information/documentation: * A Referee Statement from Stephen Raheb signed and dated 24 November 2014; * An insurance Certificate of Currency issued by eSentrty Underwriting Pty Ltd; * A copy of ground floor plans for a property in Hurlstone Park; * Further information from the Applicant providing more detail regarding the relevant work experience. 1. Further information/documentation was provided as follows: * Affidavit of the Applicant signed and dated 2 June 2015; * Affidavit of George Boudaher signed and dated 2 June 2015 * Statements from Stephen Rehab and George Boudaher both signed and dated 2 June 2015. 1. On 17 March 2015, the Respondent confirmed its original decision to refuse the Applicant's application to vary his licence. 2. On 13 April 2015, the Applicant applied to this Tribunal for a review of a decision made by the Respondent to refuse to vary his individual contractor licence to the category of general building work. 3. The matter was set for a hearing on 24 June 2015. After the commencement of that hearing it was quickly concluded that the Applicant had additional detailed relevant information to provide in support of his application and by consent the hearing was adjourned so as to enable the Applicant to do so. 4. In accordance with an agreed timetable the Applicant made available to the Respondent the following additional material: * Statement of the Applicant signed and dated 2 July 2015; * Statement of George Boudaher signed and dated 2 July 2015; * Statement of Stephen Rehab signed and dated 2 July 2015.