Mr Peter Adams scored a win in May this year when he assisted his client in recovering his building license. 

Names have been removed in this article. 

A licensed builder since 1995, Mr  X tried to renew his license in 2013 but was denied by the Office of Fair Trading, on the basis that he was a director of a company that was under court-ordered external administration. Mr X had also failed to advise the Office of Fair Trading of this, and on that basis the Office of Fair Trading thought he wasn’t a “fit an proper person”.

Mr X approached Peter Adams of Adams and Partners to help him with this issue.

In the New South Wales Civil and Administrative Tribunal, Mr Adams successfully argued that despite Mr X  circumstances, the Tribunal had the power to restore Mr X’s license if it also found that there was no evident risk to the public that he could not complete his building contracts, and that Mr X did everything in his power to avoid his company going into external administration.

Mr Adams argued that Mr X was an honest person, who had good financial circumstances and a solid reputation. He argued that Mr X had done everything in his power to avoid the company going into external administration, and that ultimately, it was an event that was beyond Mr X’s control.

These were all accepted by the Tribunal. Indeed, the Member remarked:

“If I had doubts about Mr X’s commitment to serving the public to the high standard expected of a licensed builder, I would not be inclined to exercise the discretion in his favour, despite having my formed the opinion that there is no evident risk that he will unable to complete building contracts entered into in the future. I have no such doubts. In this I am fortified by his past behaviour. His history of many years of complaint-free activity, his honesty and integrity as attested to by his supporters, his attempts to keep [his company] solvent by the injection of very significant amounts of his personal finances, all point to an attitude of placing clients first.”

Mr Adams is well known in Penrith for his experience in dealing with Building and Construction matters. He is proud of the result that he delivered in this matter. We at Adams Partners are happy with it too!

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