Atteya v Commissioner for Fair Trading [2016] NSWCATOD 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Atteya v Commissioner for Fair Trading [2016] NSWCATOD 113 Hearing dates: 23 June 20116. Final submissions received 3 August 2016 Date of orders: 25 August 2016 Decision date: 25 August 2016 Jurisdiction: Occupational Division Before: N S Isenberg, Senior Member Decision: The decision under review is affirmed. Catchwords: Merits review; home building - endorsed contractor licence application - general building work - relevant industry experience - Instrument made 5 January 2015 – acceptable referee - remuneration with money. Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Category: Principal judgment Parties: Farouk Saad Aly Atteya (Applicant) Commissioner for Fair Trading, Office of Finance, Services and Innovation (Respondent) Representation: Solicitors: F Atteya (Applicant in person) Commissioner for Fair Trading, Office of Finance, Services and Innovation (Respondent in person) File Number(s): 1620053

Reasons for decision

Background 1. On 28 September 2015 the Applicant applied to the Respondent for an Individual Contractor Licence in the category of general building work (the Application). The Application was refused by the Respondent. An internal review confirmed the original refusal on the basis that the Applicant had not demonstrated that he had a minimum of two years' relevant industry experience in order to meet the practical experience requirements of the Home Building Act 1989 (the Act) (the Decision). 2. The Applicant applied to this Tribunal on 2 March 2016 to review of the Decision.