Pupo v Builders Licensing Board

In *Pupo and Anor v Builders Licensing Board*, the New South Wales Court of Appeal considered an appeal by Mr. and Mrs. Pupo against a decision of the Builders Licensing Board. The dispute concerned the Board's refusal to grant the Pupos a licence to carry out building work.

The primary legal issue before the Court of Appeal was whether the Builders Licensing Board had erred in law by refusing to grant the Pupos a licence, specifically in relation to the interpretation and application of the *Builders Licensing Act 1971* (NSW) and its associated regulations. The court was required to determine if the Board had properly considered all relevant factors and applied the correct legal tests when assessing the Pupos' suitability for a licence.

The Court of Appeal found that the Builders Licensing Board had failed to properly consider certain evidence presented by the Pupos regarding their financial standing and experience. The court reiterated the principle that licensing bodies must conduct a thorough and fair assessment of all material before them, and that a refusal must be based on a proper understanding of the statutory criteria. The court held that the Board's decision was affected by an error of law because it had not adequately taken into account the Pupos' efforts to rectify past issues and demonstrate their current capacity to comply with the Act.

Consequently, the Court of Appeal allowed the appeal, set aside the Board's decision, and remitted the matter back to the Builders Licensing Board for reconsideration according to law.