Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5:

1. This matter concerns a refusal of the Respondent to grant to the Applicant a renewal of his contractor licence and refusal to grant a qualified supervisor certificate in the category of builder (the Decisions).

2. The Decisions were made on the ground that the Applicant was not a fit and proper person consistent with sections 20(1) and 25(1)(a) of the Home Building Act 1989 (NSW) (the Act).

3. On 20 December 2024, the Applicant sought internal review of the Decisions.

4. On 10 January 2025, the Respondent affirmed the Decisions.

5. On 23 January 2023, the Applicant applied to this tribunal for external review.

Parties

6. The Applicant is a director of Pacific Impexp Services Pty Ltd (Pacific) t/as Hitel Living Solutions (Hitek) and Satluj Builder Pty Ltd.

7. From about 2017 to 18 December 2024, the Applicant was a holder of a residential builder contractor licence.

8. From about 2017 to 19 March 2025 Pacific held a residential builder contractor licence; and the Applicant was the nominated supervisor for Pacific's licence.

Background

9. On or about 2014, the Applicant purchased a property in New South Wales which, at that time was a vacant lot (the Property).

The Applicant is granted consent for a dual occupancy

10. On or about 22 September 2016, the Applicant was granted development consent from the local Council for a dual occupancy Class 1a in respect of the Property (the Development) and on 7 February 2017 the Applicant was granted a construction certificate for the construction of the dual occupancy Development.

11. On about 28 March 2017 the Applicant was granted development consent for the strata subdivision of the Property and proposed Development. Pacific trading as Hitek was the company identified as the builder of the duplex.

Applicant applies for a permit for an "owner-builder permit" for a "single dwelling" in which he will live

12. On 23 September 2020, the Applicant applied online to Fair Trading for an owner builder permit for the construction of the Development. The field "choose type of construction" provided for single dwelling, secondary dwelling and dual occupancy. The Applicant chose "single dwelling".

13. According to the Applicant, at the time of the application, his intention was to build a single dwelling, which he would reside in, and complete the second dwelling at a later stage.

14. However, the Applicant never resided in either property and subsequently constructed both duplexes simultaneously.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/198732d68a2978bb1ffd3190)

Disclaimer: Curated by HT Syndication.