NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: IBW Empire Pty Ltd v Commissioner for Fair Trading [2023] NSWCATOD 63 Hearing dates: On the papers Date of orders: 15 May 2023 Decision date: 15 May 2023 Jurisdiction: Occupational Division Before: S Leal, Senior Member Decision: The decision under review is varied. The determination by the Commissioner of Fair Trading dated 27 September 2021 to impose a monetary penalty of 110 penalty units on IBW Empire Pty Ltd is set aside. The determination by the Commissioner of Fair Trading dated 27 September 2021 to reprimand IBW Empire Pty Ltd is affirmed. Catchwords: ADMINISTRATIVE REVIEW – corporate real estate licence – late submission of trust account audit – effect of COVID – unavailability of childcare - monetary penalty – reprimand – subjective features in mitigation. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Sentencing Procedure) Act 1999 Property and Stock Agents Act 2002 Cases Cited: Amazing T Investment Pty Ltd v Commissioner for Fair Trading [2022] NSWCATOD 6 Cumberland Real Estate Pty Ltd v Commissioner for Fair Trading [2022] NSWCATOD 99 Option Realty Pty Ltd v Commissioner for Fair Trading [2022] NSWCATOD 27 Texts Cited: Nil Cited Category: Principal judgment Parties: IBW Empire Pty Ltd (Applicant)
Commissioner of Fair Trading (Respondent) Representation: Solicitors:
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