Tsui v Commissioner for Fair Trading [2016] NSWCATOD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tsui v Commissioner for Fair Trading [2016] NSWCATOD 143 Hearing dates: 4 August 2016 Date of orders: 21 November 2016 Decision date: 21 November 2016 Jurisdiction: Occupational Division Before: N S Isenberg, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Home Building Act – endorsed contractor licence – general building category – relevant industry experience. Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Cases Cited: lvanovski v Commissioner for NSW Fair Trading, Department of Finance and Services [2013] NSWADT 274 Locking v Department of Finance and Services [2013) NSWADT 239 Category: Principal judgment Parties: Sunny Yuk Sang Tsui (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Sunny Yuk Sang Tsui (Applicant in person) Fair Trading Legal Services, Office of Finance and Services (Respondent) File Number(s): 1620029

Reasons for decision

Background 1. On 20 August 2015, the Commissioner for Fair Trading, through NSW Fair Trading (the Agency), received an application from Mr Tsui for an individual contractor licence to enable him to carry out general building work pursuant to the Home Building Act 1989 (the Act). 2. On 28 September 2015, the Agency issued Mr Tsui a letter informing him that his application had been assessed and refused. The Agency had determined that Mr Tsui had not satisfied relevant practical experience requirements and information submitted by the Applicant in relation to the dates on which he worked on various sites was "inconsistent and incorrect". 3. Mr Tsui requested the Agency to internally review the refusal decision. He attached to his request several references and other documents. 4. The Agency informed the Applicant by letter of 20 January 2016 that the refusal decision had been reviewed and was confirmed for reasons set out in the letter. 5. On 29 January 2016 the Applicant applied to the Tribunal to review the internal review decision (the Decision).