Abbas v Commissioner for Fair Trading [2022] NSWCATOD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abbas v Commissioner for Fair Trading [2022] NSWCATOD 115 Hearing dates: On the papers Date of orders: 22 November 2022 Decision date: 22 November 2022 Jurisdiction: Occupational Division Before: N Isenberg, Senior Member Decision: The application for review is dismissed. Catchwords: EXTENSION OF TIME – principles – no utility in granting extension of time – weight to prospects of success – no proper explanation of delay Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Property and Stock Agents Act 2002 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 CFZ v Department of Education [2015] NSWCATAD 231 CFA v Department of Family and Community Services [2016] NSWCATAD 32 Category: Principal judgment Parties: Syed Ali Abbas (Applicant) Commissioner for Fair Trading (Respondent) Representation: Applicant (self-represented) Department of Customer Service NSW (Respondent) File Number(s): 2022/00229315 Publication restriction: Nil

REASONS FOR DECISION

Background 1. On 20 November 2021, the Applicant, Syed Ali Abbas applied for a certificate of registration for Assistant (Real Estate) Agent (the application) under the Property and Stock Agents Act 2002 (the Act). On the 27 January 2022 a determination was made to refuse the application. The Applicant did not seek internal review of the decision but instead sought review of that decision by this Tribunal. The Respondent contended that the Application for Review was brought out of time and that it should be dismissed. 2. Both parties provided submissions. The Respondent filed no documents in support of its submissions; the Applicant however, appeared to take no issue with the factual matters set out by the Respondent, other than to make some comments, as noted. He made other submissions which are referred to below. 3. The time for filing submissions closed on 4 October 2022 and the matter was scheduled to be heard on the papers on a date after 4 October 2022. On 5 October 2022 the Applicant sought an extension of time for the filing of further submissions. On 12 October 2022 the Tribunal granted an extension of time to 11 November 2022, but none were received. 4. The parties, having been given the opportunity to make submissions as to whether the Tribunal should dispense with a hearing, and being satisfied that the matter can be adequately determined in the absence of the parties, the Tribunal dispenses with a hearing pursuant to s 50(2) Civil and Administrative Tribunal Act 2013 (CAT Act), and the matter was considered on the papers.