Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8:

1. Giuseppe Marino applied for a contractor licence under the Home Building Act 1989 (NSW) in the categories of plumber, drainer, gasfitter and LP gasfitter. The Secretary, Department of Customer Service, the appellant, refused the application on the basis that Mr Marino did not satisfy the relevant experience requirements for the licence. That decision was affirmed by the appellant on internal review. Mr Marino then sought review by the Tribunal of the decision to refuse the licence.

2. Before the Tribunal the appellant argued that Mr Marino does not meet the required experience requirements for the licence and he is not a fit and proper person to hold a licence. We note that it has never been disputed that Mr Marino holds the relevant qualifications for the licence.

3. On 9 July 2024 the Tribunal found Mr Marino to have the relevant experience across all categories for which he had applied to licenced and also that he is a fit and proper person to hold the licence. As a result, the Tribunal set aside the appellant's decision and ordered that Mr Marino was to be granted the relevant plumbing, draining, gas fitting and LP gas fitting licence under the Home Building Act. On 14 August 2024 the Tribunal made an order that the appellant pay Mr Marino's costs of the proceedings before the Tribunal in relation to the issue of fitness and propriety and the costs application itself.

4. The appellant appeals from the decision of the Tribunal and seeks to have the orders of the Tribunal in the review application and costs application set aside. The appellant also asks the Appeal Panel to make a new decision on the review application. Mr Marino submits that the Tribunal made no error and the appeal should be dismissed.

5. For the reasons set out below, we have allowed the appeal. We have also set aside the decisions of the Tribunal and made a decision in substitution in the review application.

Background

6. Mr Marino completed a plumbing apprenticeship in 2002. For more than 20 years he worked in the family plumbing business which at different times was run through different entities. The entities which comprised the family business over time were:

1) A & R Marino Plumbing, a partnership between Antonio and Rita Marino;

2) ARG Marino Plumbing, a partnership between Antonio and Guiseppe Marino; and

3) Marino Plumbing Pty Ltd, a company of which Guiseppe Marino is the sole shareholder and director.

7. Mr Marino states that he worked under the supervision of his father, Antonio Marino, who was the nominated supervisor for the business at the relevant times. Mr Marino's mother, Rita Marino, was the bookkeeper for the business and performed all other administrative work. Antonio Marino died unexpectedly in March 2023.

8. Mr Marino had never applied for a licence in his own right as he worked alongside his father, who was seemingly fit and well enough to supervise any works even up to a few weeks before his death. Mr Marino and his father believed they had ample time to make arrangements for Mr Marino to step into his father's role.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1987de9feafcf4ea3053d069)

Disclaimer: Curated by HT Syndication.