Griggs v Commissioner for Consumer Affairs - [2007] SADC 63

DISTRICT COURT OF SOUTH AUSTRALIA
(District Court Administrative and Disciplinary Division)
In the Matter of THE BUILDING WORK CONTRACTORS ACT, 1995
GRIGGS v COMMISSIONER FOR CONSUMER AFFAIRS
[2007] SADC 63
Judgment of His Honour Judge Beazley
1 June 2007
ADMINISTRATIVE LAW
Profession and Trades - Licensing of Particular Trades or Callings - Builders
Appeal against Commissioner's refusal to grant a Building Work Contractor's Licence - Relevance of factual errors in assessment as to whether the appellant is a fit and proper person to be licensed under the Building Work Contractors Act, 1995 - held, appeal allowed
Building Work Contractors Act, 1995 s7, s9(1)(f), s10, referred to.
Commissioner for Consumer Affairs v Griggs [2001] SADC 47; Griggs v Australian Securities Commision Supreme Court Judgment No S5446, discussed.
A Solicitor v Council of the Law Society of N.S.W. (2004) 78 ALJR 310; Sobey v Commercial and Private Agents Board (1979) 22 SASR 70; Commissioner for Consumer Affairs v Sollars (2001) 79 SASR 145; Midwinter v Commissioner for Consumer Affairs [2006] SADC 93; C v Johnson (1967) SASR 279 at 297, considered.

GRIGGS v COMMISSIONER FOR CONSUMER AFFAIRS
[2007] SADC 63
Introduction

David John Griggs (“the appellant”) appeals to this Court pursuant to Section 10 of the Building Work Contractors Act 1995 (“the Act”) against the refusal of the Commissioner for Consumer Affairs (“the Commissioner”) to grant him a building work contractor’s licence.
By application, dated 10 November 2006, the appellant sought such a licence to enable him to undertake certain building work specified by him as follows:
Commercial/Industrial and Residential Building work limited to carpentry and joinery; domestic and light commercial building work up to and including two storeys.
By Notice, dated 1 February 2007, the Commissioner informed the appellant that his application for a licence had been refused as he had failed to meet the requirements of Section 9 of the Act. The Commissioner, however, confirmed that the appellant was entitled to maintain his current building work supervisor’s registration.
Notice of Appeal
By Notice of Appeal, dated 7 March 2007, the appellant appealed, out of time, against the refusal to grant a contractor’s licence. On 28 March 2007, a Judge of this Court extended the time in which the appellant could institute an appeal to 7 March 2007 nunc pro tunc.
Commissioner’s Reasons for Refusal
By the time of the hearing of the appeal, the Commissioner’s reasons for the refusal of the appellant’s application had been somewhat amplified beyond that which he had been provided in his Notice to the appellant.
Notice - 2 February 2007
This document provided as follows:
Reasons for Decision
I refer to the application by David Griggs for a contractor’s licence under the Building Work Contractors Act 1995 for work that may be contracted for under the authority of the licence for “residential building work not exceeding two storeys, light commercial up to two storeys and carpentry and joinery”.
Section 9 of the Act provides:
Entitlement to be licensed
9.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Griggs v Commissioner for Consumer Affairs

Details

AGLC: Griggs v Commissioner for Consumer Affairs [2007] SADC 63
Case: [2007] SADC 63
Decision Date: 1 June 2007

CaseChat Overview and Summary

In the District Court of South Australia, David John Griggs, the appellant, appealed the Commissioner for Consumer Affairs' decision to deny his application for a building work contractor's licence under the Building Work Contractors Act 1995. The Commissioner refused the application on the basis that Griggs was not a fit and proper person to hold a licence, citing his past criminal convictions, bankruptcy, and prior disciplinary action. Griggs sought to overturn this decision, arguing that the factual errors in the Commissioner's assessment and the lapse of time since his previous transgressions warranted reconsideration.

The court identified the key legal issue as whether Griggs was a fit and proper person to hold a building work contractor's licence under Section 9(1)(f) of the Act. The court considered the principles established in previous cases, which emphasised the importance of an applicant's past conduct, particularly their criminal history and propensity to offend, in determining their fitness and propriety. The court also noted the Act's objective to protect the public by regulating those who engage in licensed activities and ensuring they possess the necessary skills and probity.

After reviewing the evidence, including the factual inaccuracies in the Commissioner's assessment and Griggs's unblemished record since his previous offences, the court concluded that Griggs had demonstrated sufficient rehabilitation. The court found that the significant passage of time since his past misconduct, combined with his proven competence and lack of complaints about his work, indicated that Griggs was now a fit and proper person to hold a licence. Consequently, the court allowed the appeal and ordered that Griggs be granted a building work contractor's licence, subject to any conditions the Commissioner deemed appropriate.

Orders