Cremer v Commissioner for Fair Trading [2022] NSWCATOD 173

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cremer v Commissioner for Fair Trading [2022] NSWCATOD 173 Hearing dates: 8 November 2021 Date of orders: 14 January 2022 Decision date: 14 January 2022 Jurisdiction: Occupational Division Before: J Gatland, Senior Member Decision: (1) The Commissioner's decision dated 17 August 2021 refusing to grant Mr Cremer a Class 1 real estate agent's licence pursuant to the Property and Stock Agents Act 2002 (NSW) is set aside. (2) In substitution for the Commissioner's decision of 17 August 2021, Mr Cremer's application for restoration of his real estate agent's licence is granted with effect from 2 December 2019. (3) Austreal Pty Ltd is joined in these proceedings as the second applicant pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 44(1). (4) The Commissioner's decision dated 12 May 2021 refusing to renew the corporate real estate agent's licence of Austreal Pty Ltd pursuant to the Property and Stock Agents Act 2002 (NSW) is set aside. (5) In substitution for the Commissioner's decision of 12 May 2021, the application by Austreal Pty Ltd for renewal of its corporate real estate agent's licence is granted with effect from 21 September 2020. Catchwords: OCCUPATIONS — auctioneers and agents — licences and registration – restoration of licence – whether failure to renew due to inadvertence – whether just and equitable to allow restoration of licence Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Property and Stock Agents Act 2002 (NSW) Property and Stock Agents (Qualifications) Order 2019 (NSW) Cases Cited: King-Osborn v Commissioner of Fair Trading [2022] NSWCATOD 1 Nyunt v North Shore Homes Pty Ltd [2020] NSWCATAP 143 Stanford v Stanford (2012) 247 CLR 108; [2012] HCA 52 The Concept Developer Pty Ltd v Conroy [2015] VSC 464 Category: Principal judgment Parties: Glen Cremer (First Applicant) Austreal Pty Ltd (Second Applicant) Commissioner for Fair Trading (Respondent) Representation: Applicants (Self-represented) Department of Customer Service, NSW Fair Trading (Respondent) File Number(s): 2021/163265