Trist v Commissioner for Fair Trading, Office of Finance and Services [2016] NSWCATOD 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Trist v Commissioner for Fair Trading, Office of Finance and Services [2016] NSWCATOD 131 Hearing dates: 8 July 2016 Date of orders: 25 October 2016 Decision date: 25 October 2016 Jurisdiction: Occupational Division Before: A Scahill, Senior Member Decision: (1) The decision of the Respondent to refuse to grant the applicant a building contractor licence is set aside. (2) In substitution for that decision the following decision is made: The applicant is granted a building contractor licence. Catchwords: MERITS REVIEW - whether decision to refuse Applicant's application for a contractor's licence in the category of "general building work is correct and preferable decision - whether Applicant has a minimum of two years relevant industry experience in a wide range of building construction work. Legislation Cited: Home Building Act 1989 Home Building Regulation 2014 Civil and Administrative Tribunal Act 2013 Cases Cited: Abdul Rahman v the Department of Finance and Services [2014] NSWCATOD 96 Grewal v Commissioner of Fair Trading [2014] NSWCATOD 101 Kocoski v Department of Services, Technology and Administration [2011] NSW ADT 135. Locking v Department of Finance and Services [2013] NSWADT 239 Ozcelik v Commissioner for Fair Trading [2014] NSWCATOD 100 Shoobridge v Commissioner of Fair Trading [2015] NSWCATOD 42 Sollazzo v Commissioner of Fair Trading [2015] NSWCATOD 20 Tange v NSW Fair Trading [2013] NSWADT 201 Thukral v Commissioner for Fair trading [2006] NSWADT 356 Tomoski Developments Pty Ltd v Commissioner for Fair Trading [2005] NSWADT 263 Category: Principal judgment Parties: Charles Trist (Applicant) Commissioner for Fair Trading, Office of Finance and Services (Respondent) Representation: Solicitors: Kreisson (Applicant) Commissioner for Fair Trading, Office of Finance and Services (Respondent) File Number(s): 1620095