Limberis v Commissioner for Fair Trading [2017] NSWCATOD 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Limberis v Commissioner for Fair Trading [2017] NSWCATOD 128 Hearing dates: 8 February 2017 Date of orders: 23 August 2017 Decision date: 23 August 2017 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Home Building – Application for contractor licence – Qualification and experience requirements set out in an instrument issued by the respondent – Whether making of a binding instrument is authorised by the legislation – Finding that the instrument is a 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 experience to be a builder – Applicant cannot verify their own experience Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Home Building Amendment Act 2014 Home Building Regulation 2004 Home Building Regulation 2014 Cases Cited: Grewal v Commissioner for Fair Trading [2014] NSWCATOD 101 Shoobridge v Commissioner for Fair Trading [2015] NSWCATOD 42 Trengrove v Commissioner for NSW Fair Trading, Department of Finance and Services [2015] NSWCATOD 131 Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108 Category: Principal judgment Parties: Manuel Limberis (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: T Davie (Applicant)