White v Department of Fair Trading [2018] NSWCATAD 231

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: White v Department of Fair Trading [2018] NSWCATAD 231 Hearing dates: 14 March 2018 Date of orders: 05 October 2018 Decision date: 05 October 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Senior Member Decision: The decision under review is affirmed Catchwords: HOME BUILDING ACT – application for a contractor licence in the category building – standards issues under clause 28(1) - requirement to demonstrate practical experience – "gained as an employee of or a person otherwise lawfully engaged by, the holder of a contractor licence" – evidence of referees Legislation Cited: Home Building Act 1989 Cases Cited: Limberis v Commissioner for Fair Trading [2017] NSWCATOD 128 Locking v Department of Finance and Services [2013] NSWADT 239 Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108 Category: Principal judgment Parties: Timothy Graham White (applicant) Department of Fair Trading (Respondent) Representation: Solicitor: Mr P Adams (Applicant) Mr A El-Roubaei (Respondent File Number(s): 2017/00340409 Publication restriction: Nil

Reasons for Decision 1. The applicant in this case is seeking review of the respondent's decision to refuse to vary his contractor licence issued under the Home Building Act 1989 (the Act), from the category of "Carpentry" to the category of "General Building Work". The refusal was on the basis that the applicant did not have the width of experience necessary to hold such a licence under the Act. No issue has been raised in relation to the applicant's formal qualifications.