Jones v Commissioner for Fair Trading [2023] NSWCATOD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jones v Commissioner for Fair Trading [2023] NSWCATOD 169 Hearing dates: 26 July 2023 Date of orders: 17 November 2023 Decision date: 17 November 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's application to renew his Class 1 agent - Real Estate - Sales or Leasing and Class 1 agent - Stock and Station licence is granted. Catchwords: ADMINISTRATIVE LAW – stock & station agent's licence - dishonesty offence - disqualified person - time since offence committed - whether trivial - fit and proper person to hold a licence 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 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Barber v Law Society of NSW (No 2) [2001] NSWSC 361 Bek v Commissioner for Fair Trading [2004] NSWADT 149 Commissioner for Fair Trading, NSW Office of Fair Trading v O'Connor (GD) [2007] NSWADTAP 37 Commissioner for Fair Trading, NSW Office of Fair Trading v O'Connor (GD) [2007] NSWADTAP 37. Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65 Doja v R [2009] NSWCCA 303 Dosovic v Commissioner of Fair Trading [2023] NSWCATOD 58 Eleter v Director-General, Department of Fair Trading [2002] NSWADT 138 Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23 Gambino v Commissioner for NSW Fair Trading [2014] NSWCATOD 135 Giri v Roads and Maritime Services [2012] NSWADT 241 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 Kortman and Attorney-General's Department [2010] AATA 1074 Livaja v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2020] NSWCATOD 17 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 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Paul Voutef v Commissioner for Fair Trading [2023] NSWCATOD 79 Pollard v Commonwealth Director of Public Prosecutions (1992) 28 NSWLR 659 Project Blue Sky v The Australian Broadcasting Authority (1998) 194 CLR 355 Rosenstrauss v Department of Finance and Service (NSW) [2012] NSWADT 264 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Salcedo v Commissioner for Fair Trading [2016] NSWCATOD 19 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 Stojanovic v Commissioner for Fair Trading, NSW Office of Fair Trading [2008] NSWADT 109 Wilson v Commissioner for NSW Fair Trading [2014] NSWCATOD 79 Category: Principal judgment Parties: Cameron Jones (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: B Donnelly (Applicant)