Yates v Commissioner for Fair Trading [2023] NSWCATOD 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yates v Commissioner for Fair Trading [2023] NSWCATOD 112 Hearing dates: 29 March 2023, 23 May 2023 Date of orders: 27 July 2023 Decision date: 27 July 2023 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: 1. The decision under review is set aside 2. The decision is made that the Applicant is granted a Class 2 Real Estate Licence under the Property and Stock Agents Act 2002. Catchwords: Administrative Law – real estate agent – licence - fit and proper person Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Property And Stock Agents Act 2002 Property and Stock Agents Regulation 2014 Crimes Act 1900 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Commissioner of Police, New South Wales Police v Mercer [2005] NSWADTAP 55 Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65 Dosovic v Commissioner of Fair Trading [2023] NSWCATOD 58. EMB v Commissioner of Police [2020] NSWCATAD 255 at paragraph [29]. Green v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 59 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 McDonald v Director General of Social Security (1984) 1FCR 353 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Shi v Migration Agents Registration Authority [2008] HCA 31. Smith v Commissioner of Police, New South Wales Police Force and NSW Fair Trading [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Category: Principal judgment Parties: Kellie-Anne Yates (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Self-represented (Applicant) NSW Fair Trading Legal (Respondent) File Number(s): 2022/00324889 Publication restriction: Nil