Farano and Builders' Registration Board Of Western Australia

Farano, an individual, applied for registration as a builder under the Builders' Registration Act 1939 in Western Australia. The application was refused by the Builders' Registration Board, which decision was then brought before the court for review. The applicant sought to challenge the Board's determination that his experience did not meet the requirements of the statute and that he lacked the necessary financial capacity.

The court was required to determine whether the statute mandated that the experience must be of a commercial character, and whether the applicant's experience satisfied this requirement. The court also had to assess whether the applicant demonstrated sufficient financial capacity to warrant registration as a builder. Additionally, the court considered whether the Board could grant conditional registration.

The court found that the statutory requirements for experience did not necessitate a commercial character and that the applicant's experience was adequate. The court also determined that the applicant had shown sufficient financial capacity. The Board's refusal to grant registration was deemed unreasonable, and the applicant's application for registration was granted. The court held that the Board could, in fact, grant conditional registration if appropriate.

The court set aside the Builders' Registration Board's decision made on 10 March 2005, which had refused the applicant's registration application. The court granted the applicant's application for registration as a builder in accordance with subsection 10(1)(b)(iv)(I).