Perez v Commissioner for Fair Trading [2023] NSWCATOD 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Perez v Commissioner for Fair Trading [2023] NSWCATOD 179 Hearing dates: 24 July 2023 Date of orders: 1 December 2023 Decision date: 01 December 2023 Jurisdiction: Occupational Division Before: L Rogers, Senior Member Decision: 1. The decision to refuse to grant a licence pursuant to an application for restoration is set aside. 2. In substitution, the Applicant is granted a class 2 real estate agent licence with a real estate agent restriction condition from 13 February 2021. Catchwords: ADMINISTRATIVE REVIEW – Property and Stock Agents Act 2002 – Application for restoration of real estate agent licence – extension of time for making application – whether just and equitable to restore the licence Legislation Cited: Administrative Decisions Review Act 1997 Property and Stock Agents Act 2002 Property and Stock Agents (Qualifications) Order 2019 Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018 Cases Cited: Cremer v Commissioner for Fair Trading [2022] NSWCATOD 173 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 King-Orsborn v Commissioner for Fair Trading [2022] NSWCATOD 1 Kutup v Commissioner for Fair Trading [2021] NSWCATOD 131 Nyunt v North Shore Homes Pty Ltd [2020] NSWCATAP 143 O'Loughlin v Commissioner for Fair Trading [2022] NSWCATOD 168 Texts Cited: Nil Category: Principal judgment Parties: Karin Perez (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Applicant (Self-represented) Department of Customer Service (Respondent) File Number(s): 2023/00074182 Publication restriction: Nil