The Court held that 'may' in s 33C(3) of the Home Building Act 1989 (NSW) is mandatory, not discretionary: if the Secretary is satisfied of the three cumulative matters in s 33C(3), the Secretary must issue the contractor licence. Conversely, where the Secretary is not satisfied of those matters, the Secretary is 'required to refuse' the application within the meaning of s 22(1)(h), thereby enlivening the mandatory cancellation power. The Court also held that the Secretary's reasons, read in context and supplemented by the assessment sheet, demonstrated adequate consideration of all three s 33C(3) criteria, notwithstanding the absence of explicit reference to s 33C(3) or to risk mitigation measures in the Notices of Cancellation.
The full text is available to signed-in members.