Pillay v Department of Fair Trading [2022] NSWCATOD 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pillay v Department of Fair Trading [2022] NSWCATOD 174 Hearing dates: 26 November 2021 Date of orders: 31 January 2022 Decision date: 31 January 2022 Jurisdiction: Occupational Division Before: Naida Isenberg, Senior Member Decision: The decision under review is affirmed. Catchwords: Licensing – real estate agent – fraudulent use of trust monies – plea of guilty - conviction – Applicant resiles from admissions – grounds for disciplinary action – appropriate disciplinary action Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Oaths Act 1900 Property and Stock Agents Act 2002 Property and Stock Agents Regulation 2014 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23 Gambino v Commissioner for NSW Fair Trading [2014] NSWCATOD 135 Huynh v Commissioner for Fair Trading [2016] NSWCATOD 2 Luk v Commissioner of Police, NSW Police [2019] NSWCATAP 23 Maher v Department of Fair Trading [2019] NSWCATOD 21 McDonald v Director General of Social Security (1984) 1FCR 353 at 357 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Parisi v Commissioner of Police, NSW Police Force 2018] NSWCATAD 155 Shi v Migration Agents Registration Authority [2008] HCA 31 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Wilson v Commissioner of Police, NSW Police Force [2018] NSWCATAD 274 Category: Principal judgment Parties: Arvind Pillay (Applicant) Department of Fair Trading (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)