Edrees v Commissioner for Fair Trading

[2021] NSWCATAD 32

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Edrees v Commissioner for Fair Trading [2021] NSWCATAD 32

Hearing dates:

16 December 2019, 2 June and 10 July 2020

Date of orders:

16 February 2021

Decision date:

16 February 2021

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

N S Isenberg RFD, Senior Member

Decision:

(1)   The decision under review is set aside.

(2) In substitution for that decision, the Tribunal grants the applicant an individual endorsed contractor licence in the category “general building work” under the Home Building Act 1989 (NSW)

(3)   The Respondent is to effect the grant of the individual endorsed contractor licence to the Applicant within 14 days of publication of these reasons.

Catchwords:

MERITS REVIEW – building and construction – home building - Home Building Act 1989 - experience – working overseas - Instrument.

Legislation Cited:

Administrative Decisions Review Act 1997 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Home Building Act 1989 (NSW)

Licensing and Registration (Uniform Procedures) Act 2002 (NSW)

Cases Cited:

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

Commissioner of Fair Trading, Office of Finance and Services, NSW Fair Trading v Kassem [2015] NSWCATAP 173

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

Shoobridge v Commissioner for Fair Trading [2015] NSWCATOD 42

Texts Cited:

None cited

Category:

Principal judgment

Parties:

Ramy Mohamed Ahmed Mohamed Edrees (Applicant)
Commissioner for Fair Trading (Respondent)

Representation:

Solicitors:
Nexus Law Group (Applicant)
Department of Customer Service (Respondent)

File Number(s):

2019/00221645

Reasons for decision

Background

1. The parties substantially agree (including in their respective submissions, the Applicant at [6]-[10] in AS and the Respondent at [2.1]-[2.6] in RS) that the background to the dispute is as follows:

1. On 18 April 2019, the Applicant (from time to time referred to as Mr Edrees) lodged with the Respondent an application for an individual contractor licence (Q) in the category “general building work” under the Home Building Act 1989 (NSW) (HB Act) (R1 at [6] – [11] and attachments.)

2. On 23 May 2019 the Respondent emailed to Mr Edrees a notice purportedly pursuant to s 14 of the Licensing and Registration (Uniform Procedures) Act 2002 (NSW) (LRUP) (the s14 Notice) requiring Mr Edrees to provide certain information using an enclosed referee statement form, informing Mr Edrees that “incomplete statement forms cannot be considered” and “failure to comply with the requirements of the notice within 14 days may result in refusal of the application without dealing with it any further”: RS [131] – [132].

3. On 26 June 2019 the Respondent refused the application, purportedly in accordance with ss14(1) and 14(3) of LRUP for failing to provide information specified in the s 14 Notice (R1/182-185) (Decision).

4. On 17 July 2019 the Applicant lodged an application dated 12 July 2019 for administrative review of the Decision (Application) with the Tribunal.

5. On 20 August 2019 the Tribunal, by consent, held that…