Jamal v Commissioner for Fair Trading [2020] NSWCATOD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jamal v Commissioner for Fair Trading [2020] NSWCATOD 99 Hearing dates: 24 July 2020 Date of orders: 1 September 2020 Decision date: 01 September 2020 Jurisdiction: Occupational Division Before: J McAteer Senior Member Decision: (1) The respondent's decision to refuse the applicant's application for an Individual Real Estate Licence on 31 October 2019 and confirmed on 16 December 2019 is set aside. (2) In substitution of that decision the respondent is to issue the applicant an Individual Real Estate Licence. Catchwords: ADMINISTRATIVE Law – Real Estate Licence - Property Stock and Business Agents Act – Fit and proper person – Applicant subject to good behaviour bond- Period of supervision suspended - Criminal convictions – Serious Criminal past- Nature of offences – whether full disclosure made Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Licencing and Registration (Uniform Procedures) Act 2000 Property and Stock Agents Act 2002 Property Stock and Business Agents Act 2002 (repealed) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Giri v Roads and Maritime Services [2012] NSWADT 241 Harrias v Commissioner for Fair Trading NSW Office of Fair Trading [2006] NSWADT 203 Hughes and Vale Pty Ltd v The State of New South Wales (1955) 93 CLR 127 Hunt v Director General, Department of Services Technology and Administration [2010] NSWADT 186 Lloyd v Director General Department of Transport [2001] NSWADT 201 McEvoy v Director-General of the Department of Fair Trading [2000]NSWLEC McIvor v Commissioner for Fair Trading [2017] NSWCATAD 258 McKenzie v Director General, Department of Transport [2000] NSWADT 126 Offner v Commissioner for Fair Trading, Department of Finance, Service and Innovation [2018] NSWCATOD 22 Parvin v Commissioner for Fair Trading [2005] NSWADT 34 Rosenstrauss v Department of Finance and Services [2012] NSWADT 264 Saadieh v Director General Department of Transport [1999] NSWADT 68 Trlin v Department of Fair Trading [1999] NSWADT 72 Texts Cited: Nil Category: Principal judgment Parties: Noureddean Jamal (Applicant) Commissioner for Fair Trading, Department for Customer Service (Respondent) Representation: Counsel: P Lange (Applicant)