Chahine v Commissioner for Fair Trading [2016] NSWCATOD 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chahine v Commissioner for Fair Trading [2016] NSWCATOD 63 Hearing dates: 10 December 2015 Date of orders: 20 May 2016 Decision date: 20 May 2016 Jurisdiction: Occupational Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent dated 16 April 2015 and 30 July 2015 is set aside Catchwords: HOME BUILDING – Wide Range of Relevant Industry Experience – Residential Building - Residential building work - Two years' relevant industry experience Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Home Building Regulation 2004 Licensing and Registration (Uniform Procedures) Act 2002 Cases Cited: Trengrove v Commissioner for Fair Trading [2015] NSWCATOD 131 Locking v Department of Finance and Services [2013] NSWADT 239 Category: Principal judgment Parties: Elias Chahine (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Bailey Compton Leverage Aust P/L (Applicant) Commissioner for Fair Trading (Respondent) File Number(s): 1510165

Reasons for decision 1. On 26 August 2015 the applicant filed an application for administrative review with the Tribunal. That application concerned a decision by the delegate of the Respondent to refuse the applicant's application for a variation to his individual contractor licence, to cover the category of 'general building'. 2. The Respondent refused to grant the application for a change of class for his individual contractor licence – to building, because in their view the applicant had not met the relevant experience requirement. That decision was made on 16 April 2015. 3. An internal review was lodged by the applicant and was completed by the respondent on 30 July 2015. The review confirmed the original decision to refuse the application. On 26 August 2015 the application for administrative review was lodged with the Tribunal.