Teague v Commissioner for Fair Trading [2023] NSWCATOD 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Teague v Commissioner for Fair Trading [2023] NSWCATOD 175 Hearing dates: On the papers Date of orders: 28 November 2023 Decision date: 28 November 2023 Jurisdiction: Occupational Division Before: J D Little, Senior Member Decision: 1. The Applicant is granted an extension of time to file the application for administrative review to 28 August 2023. 2. The Respondent's application for dismissal of the proceedings is dismissed. 3. The proceeding is set down for directions for the further conduct of the proceedings on 5 December 2023 at 11.30am. Catchwords: EXTENSION OF TIME - application to extend time to lodge application for administrative review - unrepresented litigant - extension opposed by Respondent. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2022 (NSW) Property and Stock Agents Act 2022 (NSW) Cases Cited: Bomanite Pty Ltd and Ors v Slatex Corporation (Australia) Pty Ltd and Ors (1991) 104 ALR 165 Cropper v Smith (1884) 26 Ch D 700 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Category: Procedural rulings Parties: Jonathan Teague (Applicant) Commissioner for Fair Trading (Respondent) Representation: Self-represented (Applicant) Ms S Robosa (Respondent) File Number(s): 2023/00273281 Publication restriction: None

REASONS FOR DECISION 1. The Applicant seeks review of a decision by the Respondent to refuse his certificate of registration as an assistant agent in real estate pursuant to the Property and Stock Agents Act 2022 (NSW) (the PSA Act) on the basis that the Applicant was not a fit and proper person. 2. In this regard, the internal review considered the Applicant's criminal history as described below. 3. The Applicant's administrative review was filed outside the 28-day limit and he seeks an extension of time of four months and 18 days. 4. Conversely, the Respondent opposes the extension and makes application to have the proceedings dismissed for want of jurisdiction. 5. On 26 September 2023, the parties indicated that they consented to the matter being determined on the papers. I am satisfied in the circumstances, that it is appropriate to deal with the Agent Application on the papers, as a hearing would amount to further unnecessary costs. I have made an order under s 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act).