Shevill v Builders Licensing Board

The High Court of Australia considered an appeal from a decision of the Supreme Court of New South Wales in *Shevill v Builders Licensing Board*. The dispute concerned the validity of a notice issued by the Builders Licensing Board under section 26 of the *Builders Licensing Act 1971* (NSW) which purported to disqualify the appellant, Mr. Shevill, from carrying on business as a builder. Mr. Shevill sought to have this notice declared void and invalid.

The central legal issue before the High Court was whether the Builders Licensing Board had the power to issue a notice under section 26 of the *Builders Licensing Act 1971* (NSW) disqualifying a builder from carrying on business without first affording that builder an opportunity to be heard. This involved an interpretation of the procedural fairness requirements inherent in administrative decision-making under the Act.

The Court, by majority, held that the notice issued by the Board was invalid. The majority reasoned that section 26 of the Act, which empowered the Board to issue a notice of disqualification, was a power that affected the rights and interests of the individual builder. Consequently, the principles of natural justice, specifically the right to a fair hearing, were engaged. The Board was therefore required to give Mr. Shevill notice of the grounds upon which it proposed to disqualify him and an opportunity to respond before making its decision. The Court found that the Board had failed to provide this procedural fairness.

The High Court allowed the appeal, declared the notice issued by the Builders Licensing Board void and of no effect, and ordered that the respondent pay the appellant's costs.