Fry v Commissioner for Fair Trading [2022] NSWCATOD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fry v Commissioner for Fair Trading [2022] NSWCATOD 23 Hearing dates: 8 September 2021; 29 September 2021 Date of orders: 23 February 2022 Decision date: 23 February 2022 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is set aside. (2) The decision is made that application by Christian Fry for a Class 1 Real Estate Agent Licence under the Property and Stock Agents Act 2002 is granted. Catchwords: ADMINISTRATIVE LAW – licensing – real estate agent – class 1 licence - transitional provisions - mandatory requirements – whether carrying on business Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Property and Stock Agents Act 2002 Property, Stock and Business Agents Act 2002 Property and Stock Agents (Qualifications) Order 2019 Property and Stock Agents Regulation 2014 Cases Cited: McDonald v Director General of Social Security (1984) 1FCR 353 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Shi v Migration Agents Registration Authority [2008] HCA 31. Konrad v Commissioner, NSW Department of Fair Trading [2021] NSWCATAD 229 Loschiavo v Commissioner for Fair Trading [2021] NSWCATAD 102 Williams v ATM & CPA Projects Pty Ltd [2015] NSWSC 703 Lauvan Pty Limited & Anor v Bega & Ors [2018] NSWSC 154 Lui v Guan; Sun Link Group Pty Ltd v Lui [2019] NSWSC 803. Hyde v Sullivan (1956) 56 SR (NSW) 113 Texts Cited: None cited Category: Principal judgment Parties: Christian Fry (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Applicant (Self Represented) Fair Trading Legal (Respondent) File Number(s): 2021/00138451 Publication restriction: Nil