Agha v Commissioner for Fair Trading [2024] NSWCATOD 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Agha v Commissioner for Fair Trading [2024] NSWCATOD 182 Hearing dates: 7, 8 and 9 April 2024 Date of orders: 26 September 2024 Decision date: 26 September 2024 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Decision: (1) The internal review decision of 16 November 2022 is set aside.

(2) In substitution for the internal review decision of 16 November 2022 the Tribunal: (a) orders that the applicant's real estate licence is cancelled; (b) orders that the applicant be disqualified from being involved in the direction, management or conduct of the business of a licensee for a period of 12 months; and (c) declare the applicant to be a disqualified person for the purposes of the Property Stock and Agents Act 2002 (NSW) for a period of 12 months.

(3) In relation to the costs of the respondent's application to have questions of law referred to the Supreme Court of NSW: (a) a hearing is dispensed with; (b) the respondent is to pay the applicant's costs as agreed or as assessed.

(4) Any party seeking costs of the substantive application is to file and serve submissions (and if appropriate evidence) within two weeks of this decision.

(5) The other party may respond within a further two weeks.

(6) Replies may be filed within a further week if necessary. Catchwords: ADMINISTRATIVE LAW – administrative review – real estate agent – where Commissioner for Fair Trading cancelled the applicant's real estate licence, declared the applicant to be a disqualified person for the purposes of the Property and Stock Agents Act 2002 (NSW) for a period of two years and six months; and disqualified the applicant from being involved in the direction, management or conduct of the business of a licensee for a period of two years and six months COSTS of separate application to refer questions of law to the Supreme Court of NSW – special circumstances – no question of principle Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 9, 63 Civil and Administrative Tribunal Act 2013 (NSW), ss 50, 54, 60 Corporations Act 2001 (Cth), ss 181, 182, 183, Property Stock and Agents Act 2002 (NSW), ss 14, 27, 191, 192 Cases Cited: Agha v Commissioner for Fair Trading [2023] NSWCATOD 168 Agha v Devine Real Estate Concord Pty Ltd & Ors [2021] NSWCA 29 Briginshaw v Briginshaw (1938) 60 CLR 335 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 Brodyn Pty Ltd v Owners Corporation – Strata Plan 73019 (No 2) [2016] NSWCATAP 224 Carr v Director-General, Department of Finance and Services (formerly Department of Services, Technology and Administration) [2011] NSWADT 157 Creative Academy Group Pty Limited v White Pointer Investments Pty Limited [2024] NSWCA 133 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Devine Real Estate Concord Ply Ltd & Ors v Wajih Agha (aka Roger Agha) & Anor [2019] NSWSC 786 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Freind v Commissioner of Police, NSW Police Force [2024] NSWCATAD 163 Frugtniet v Commissioner for Fair Trading, Commissioner for Fair Trading v Travel Action Pty Limited [2004] NSWADTAP 12 Health Care Complaints Commission v Akinci (No 2) [2024] NSWCATOD 104 Health Care Complaints Commission v Anderson [2024] NSWCATOD 155 Health Care Complaints Commission v Bradley [2022] NSWCATOD 47 Hinton v Commissioner for Fair Trading (No 2) [2006] NSWADT 299 Ingram and Knee v Patcroft Properties Limited [2011] NZSC 49 Meacham v Commissioner of Police [2020] NSWCATAP 107 Morris v Baron & Co [1918] AC 1 Nina 's Bar Bistro Pty Limited (Formerly Mytcoona Ply Limited) v MBE Corporation (Sydney) Pty Limited [1984] 3 NSWLR 613 Shi v Migration Agents Regulatory Authority (2008) 235 CLR 286 Sudath v Health Care. Complaints Commission [2012] NSWCA 171 The Owners-Strata Plan No 63731 v B & G Trading Pty Ltd (No 2) [2020] NSWCATAP 273 Ur Rehman v Commissioner for Fair Trading [2023] NSWCATOD 102 Westerweller v The Owners Strata Plan No 18482 [2023] NSWCATAP 113 Category: Principal judgment Parties: Wajih Agha (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: J Horowitz (Applicant) T Bagley (Respondent)