King-Orsborn v Commissioner for Fair Trading [2022] NSWCATOD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: King-Orsborn v Commissioner for Fair Trading [2022] NSWCATOD 1 Hearing dates: 25 August 2021; on the papers Date of orders: 5 January 2022 Decision date: 05 January 2022 Jurisdiction: Occupational Division Before: N S Isenberg RFD, Senior Member Decision: (1) The decision under review to not issue a class 1 licence to the Applicant is affirmed. (2) The applications for a refund of money paid by the Applicant to the Respondent and for a change in the licence number of a licence issued to the Applicant by the Respondent are refused for lack of jurisdiction. Catchwords: MERITS REVIEW - LICENSING – real estate agent – class 1 licence – class 2 licence - transitional provisions - mandatory requirements – pathways – inadvertence – just and equitable. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Fair Trading Act 1987 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Property and Stock Agents Act 2002 (NSW) Property and Stock Agents (Qualifications) Order 2019 (NSW) Property, Stock and Business Agents Act 2002 (NSW) Cases Cited: Konrad v Commissioner, NSW Department of Fair Trading [2021] NSWCATAD 229 Kutup v Commissioner for Fair Trading [2021] NSWCATOD 131 Nyunt v North Shore Homes Pty Ltd [2020] NSWCATAP 143 Texts Cited: None Category: Principal judgment Parties: Paris King-Orsborn (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Applicant (Self-represented) Department of Customer Service, Legal (Respondent) File Number(s): 2021/00097357 Publication restriction: Nil