Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108 Hearing dates: 28 April 2017 Date of orders: 06 July 2017 Decision date: 06 July 2017 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member Decision: 1.The respondent's decision to refuse the applicant's application for a contractor licence, endorsed to show that it is the equivalent of a supervisor certificate, is set aside. 2. In substitution for that decision, the Tribunal decides that the respondent is to issue the applicant with a contractor licence, endorsed to show that it is the equivalent of a supervisor certificate, within 28 days of the date of this decision. Catchwords: ADMINISTRATIVE REVIEW – Home Building – Application for contractor licence – Where application rejected on basis that applicant did not meet requirements of an instrument made by the respondent – Whether there is legislative authority for the respondent to make the instrument as a binding instrument – Finding that the instrument is a policy – How Tribunal is to take into account the policy - Whether the applicant meets the terms of the instrument, read as a policy – Whether the Tribunal is satisfied that the applicant has the requisite qualifications and experience to be a builder Legislation Cited: Home Building Act 1989 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Home Building Amendment Act 2014 (NSW) Home Building Regulation 2004 (NSW) Home Building Regulation 2014 (NSW) Cases Cited: Adultshop.Com Ltd v Members of the Classification Review Board [2007] FCA 1871 Inco Europe Ltd v First Choice Distribution [2000] 1 WLR 586; [2000] 2 All ER 109 Ivanovski v Commissioner for NSW Fair Trading, Department of Finance and Services [2013] NSWADT 274 King v Minister for Immigration and Border Protection [2014] FCA 766 Minister for Immigration and Citizenship v SZJGV (2009) 238 CLR 642 NEAT Domestic Trading Pty Ltd v AWB Ltd (2003) 216 CLR 277; 77 ALJR 1263; [2003] HCA 35, O'Connell v Commissioner for Fair Trading [2017] NSWCATOD 32 Wall v Commissioner for Fair Trading [2017] NSWCATOD 76 Texts Cited: Maxwell's On the Interpretation of Statutes, 12th ed (1969) Category: Principal judgment Parties: Michael Whitehouse (Applicant) Commissioner for Fair Trading (Respondent) Representation: