Licensing has been a focus topic in our team lately and for good reason. If you’re a residential builder or a specialist trade in NSW, then no ticket, no play.
While the facts of the decision in Leto v Secretary Department of Customer Service [2026] NSWCATOD 26 (Leto v Secretary) are obviously very specific, an insolvency in an applicant’s trading history is frequently a barrier to licensing and is frequently an inducement to do whatever is necessary to avoid insolvency, so as to retain a licence or the future prospect of one.
This decision can be seen as instructive on a number of levels, firstly on the statutory construction point around whether a condition can be relevant to exercising the discretion and as…