Ngo v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATOD 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ngo v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATOD 103 Hearing dates: 26 April 2019 Date of orders: 03 July 2019 Decision date: 03 July 2019 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member Decision: 1. The respondent's decision to refuse to grant the applicant a supervisor certificate under the Home Building Act 1989 is set aside. 2. In substitution for that decision, the Tribunal decides to grant the applicant a supervisor certificate. 3. The respondent is to effect the grant of a supervisor certificate to the applicant within 7 days of the publication of these reasons. Catchwords: ADMINISTRATIVE REVIEW – Home Building – Supervisor certificate – Where respondent refused to grant applicant supervisor certificate - Whether applicant had experience which would enable him to do, or to supervise, the work for which the certificate is required – Whether the Tribunal should depart from a policy known as the "Instrument" – Whether application of the policy would produce an unjust decision – Whether the Tribunal may take into account uncorroborated evidence given by the applicant about his construction experience Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Home Building Act 1989 (NSW) Home Building Amendment Act 2014 (NSW) Home Building Regulation 2014 (NSW) Cases Cited: Briggs v Commissioner for Fair Trading Department of Finance, Services and Innovation [2018] NSWCATOD 175 Carrigan v NSW Fair Trading [2018] NSWCATOD 60 Chahine v Commissioner for Fair Trading [2016] NSWCATOD 63 Cooper v Commissioner for Fair Trading [2017] NSWCATAD 242 Davison v Commissioner for Corrective Services [2011] NSWSC 699 ID, PF and DV v Director General, Dept of Juvenile Justice [2008] NSWSC 966; (2008) 73 NSWLR 158 Jones v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2018] NSWCATOD 142 Limberis v Commissioner for Fair Trading [2017] NSWCATOD 128 Locking v Department of Finance and Services [2013] NSWADT 239 R v Secretary of State for the Home Department; Ex parte Venables [1998] AC 407 Re Drake and Minister for Immigration & Ethnic Affairs (No 2) (1979) 2 ALD 634 Shoobridge v Commissioner for Fair Trading [2015] NSWCATOD 42 White v Department of Fair Trading [2018] NSWCATAD 231 Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108 Zada v Director-General, Department of Finance & Services, NSW Fair Trading [2014] NSWCATOD 16 Texts Cited: Nil Category: Principal judgment Parties: Charles Ngo (Applicant) Representation: C Ngo (Applicant in person) Legal Services Fair Trading (Respondent) File Number(s): 2018/328524 Publication restriction: None