FGL v Commissioner for Fair Trading [2022] NSWCATOD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FGL v Commissioner for Fair Trading [2022] NSWCATOD 29 Hearing dates: 17 December 2021 Date of orders: 2 March 2022 Decision date: 02 March 2022 Jurisdiction: Occupational Division Before: L Rogers, Senior Member Decision: The decision to refuse to grant FGL a certificate of registration is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Property and Stock Agents Act 2002 – Application for certificate of registration as an assistant real estate agent –– Fit and proper person – Applicant convicted of criminal offence – Did not disclose conviction in application for certificate of registration – recent completion of community correction order Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Drug Misuse and Trafficking Act 1985 Property and Stock Agents Act 2002 Property and Stock Agents Regulation 2014 Valuers Registration Act 1975 Cases Cited: Australian Broadcasting Tribunal v Bond and Others [1990] HCA 33; (1990) 170 CLR 321 Delmege v Director General NSW Fair Trading [2013] NSWADT 304 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 ENK v Commissioner for Fair Trading [2020] NSWCATAD 320 ENK v Commissioner for Fair Trading [2020] NSWCATAD 320 Grenfell v Director General Department of Finance and Services [2013] NSWADT 57 Hughes and Vale Pty Ltd v The State of New South Wales (No. 2) 1955 HCA 28; (1955) 93 CLR 127 Jamal v Commissioner for Fair Trading [2020] NSWCATOD 99 McEvoy v Director-General of the Department of Fair Trading [2000] NSWLEC 183 McIvor v Commissioner for Fair Trading [2017] NSWCATAD 258 Rosenstrauss v Department of Finance and Services [2012] NSWADT 264 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Wilson v Director-General of the Department of Fair Trading [2003] NSWLEC 134 Texts Cited: Nil Category: Principal judgment Parties: FGL (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: A Strik (Applicant)