Iuliano v Commissioner for Fair Trading [2016] NSWCATOD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Iuliano v Commissioner for Fair Trading [2016] NSWCATOD 26 Hearing dates: 16 December 2015 and 20 January 2016 Date of orders: 01 March 2016 Decision date: 01 March 2016 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member Decision: The respondent's decision is set aside and, in substitution for that decision, the Tribunal decides to grant the applicant's application for a variation of his contractor licence. Catchwords: Home Building – Application for variation of contractor licence – Whether applicant has sufficient experience within the meaning of an instrument made by the respondent – Applicant has satisfied experience requirement. Legislation Cited: Home Building Act 1989 (NSW) Home Building Amendment Act 2014 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Regulation 2014 (NSW) Home Building Regulation 2004 (NSW) Cases Cited: Commissioner of Fair Trading, Office of Finance and Services, NSW Fair Trading v Kassem [2015] NSWCATAP 173 Category: Principal judgment Parties: Giovanni Iuliano (Applicant) Commissioner for Fair Trading (Respondent) Representation:

Solicitors: Applicant in person Fair Trading Legal Services, Office of Finance and Services (Respondent) File Number(s): 1520177

REASONS FOR DECISION 1. These proceedings are for a review of a decision of the respondent to refuse the applicant's application to vary his contractor licence under the Home Building Act 1989 ("Act") to the category of general building work. 2. The main issue is whether the applicant has the requisite experience, under an instrument made by the respondent, to become a builder. I have found that he does have that experience.