Briggs v Commissioner for Fair Trading Department of Finance, Services and Innovation [2018] NSWCATOD 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Briggs v Commissioner for Fair Trading Department of Finance, Services and Innovation [2018] NSWCATOD 175 Hearing dates: 3 August 2018 Date of orders: 25 October 2018 Decision date: 25 October 2018 Jurisdiction: Occupational Division Before: Scahill Senior Member Decision: The Tribunal dismisses Mr Briggs' application and affirms the Respondent's decision to refuse him a building contractor licence. 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 the Tribunal is satisfied that the Applicant has the requisite qualifications and experience to be a builder Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 Home Building Amendment Act 2014 (NSW) Home Building Regulation 2004 (NSW) Home Building Regulation 2014 (NSW) Licensing and Registration (Uniform Procedures) Act 2004 Cases Cited: Limberis v Commissioner for Fair Trading [2017] NSWCATOD 128 Locking v Department of Finance and Services [2013] NSWADT 239 Thukral v Commissioner of Fair Trading [2006] NSWADT 356 Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108 Zada v Director General Department of Finance and Services NSW Fair Trading [2014] NSWCATOD 16 Texts Cited: Second Reading Speech Building Services Corporation Bill, October 1989 Category: Principal judgment Parties: Jake Briggs (Applicant) Commissioner for Fair Trading, Department of Finance Services and Innovation (Respondent) Representation: Solicitors: Mr Pagin (Applicant) Ms Kumar (Respondent) File Number(s): 2017/00386659 Publication restriction: Nil