Murabito v Commissioner for Fair Trading (No 2) [2020] NSWCATAP 155

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Murabito v Commissioner for Fair Trading (No 2) [2020] NSWCATAP 155 Hearing dates: 1 June 2020; final submissions 29 June 2020 Date of orders: 27 July 2020 Decision date: 27 July 2020 Jurisdiction: Appeal Panel Before: Armstrong J, President L Pearson, Principal Member Decision: (1) Leave to rely on fresh evidence is refused. (2) Leave to appeal other grounds other than a question of law is refused. (3) The appeal is dismissed. Catchwords: APPEAL - real estate agent's licence – application for renewal – offences involving dishonesty – discretion to ignore offences – whether error of law in exercise of discretion – whether leave to appeal should be granted Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Licensing and Registration (Uniform Procedures) Act 2002 (NSW) Property Stock and Business Agents Act 2002 (NSW) Property Stock and Business Agents Amendment (Property Industry Reform) Act 2018 (NSW) Road Transport Act 2013 (NSW) Cases Cited: AHB v NSW Trustee and Guardian [2017] NSWCATAP 79 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police, New South Wales Police Force v Fine [2014] NSWCATAP 24 Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208 Farah v Director-General, Department of Finance and Services [2014] NSWCATAP 23 Murabito v Commissioner for Fair Trading [2020] NSWCATAP 63 Ros v Commissioner of Police [2020] NSWCATAP 70 Yelland v Commissioner for Fair Trading [2005] NSWADT 293 Texts Cited: None cited Category: Principal judgment Parties: Steven Murabito (Appellant) Commissioner for Fair Trading, Department of Finance, Services and Innovation (Respondent) Representation: Counsel: C Lambert (Respondent)