Pintur v Commissioner for Fair Trading [2016] NSWCATOD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pintur v Commissioner for Fair Trading [2016] NSWCATOD 11 Hearing dates: 28 August 2015 Date of orders: 02 February 2016 Decision date: 02 February 2016 Jurisdiction: Occupational Division Before: J McAteer - Senior Member Decision: (1) The decision of the respondent is affirmed. Catchwords: ADMINISTRATIVE Law – Home Building Act - Nature of engagement – Lawful engagement – Relevant experience – Wide range – Residential Building Work Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Home Building Regulation 2004 (repealed) Cases Cited: Commissioner of Fair Trading, Office of Finance and Services v Kassem [2015] NSWCATAP 173 Locking v Department of Finance and Services [2013] NSWADT 239 Ozcelik v Commissioner for Fair Trading [2014] NSWCATOD 100 Grewal v Commissioner of Fair Trading [2014] NSWCATOD 101 Category: Principal judgment Parties: Zvonko Pintur (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Z Pintur (Applicant in person) NSW Office of Fair Trading (Respondent) File Number(s): 1520098

REASONS FOR decision 1. This is an application for a review of an administrative decision of the Respondent Public Sector Agency, in respect of the applicant's application for a qualified supervisor's certificate in respect of residential building. 2. The relevant legislation which governs the application to which the administrative decision relates is the Home Building Act 1989 (as amended). (the 'HBA'). 3. After considering all of the evidence and material filed during the course of these proceedings, the Tribunal finds that the applicant has not (as at the hearing date) satisfied the criteria as set out in the legislation, applicable regulations and subordinate legislation, so as to be issued with a qualified supervisor's certificate. In that regard based on the decision dated 28 April 2015, the correct and preferable decision is to affirm the decision of the respondent.