Fearon v Commissioner for Fair Trading [2025] NSWCATAD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fearon v Commissioner for Fair Trading [2025] NSWCATAD 44 Hearing dates: 24 January 2025 Date of orders: 17 February 2025 Decision date: 17 February 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: J Sullivan, Senior Member Decision: (1) The decisions of the Respondent to refuse the applications to renew the real estate licences of Rebecca Fearon, and of Rebecca Fearon Pty Ltd, under the Property and Stock Agents Act 2002 (NSW) are set aside. (2) In substitution, the applications are granted. (3) The Respondent is to give effect to these orders as soon as possible. Catchwords: ADMINISTRATIVE LAW – real estate licences – application for renewal – disqualified person – triviality of offence – fit and proper person Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Property and Stock Agents Act 2002 (NSW) Property and Stock Agents Regulation 2022 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Commissioner for Fair Trading, NSW Office of Fair Trading v O'Connor [2007] NSWADTAP 37 Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65 Dosovic v Commissioner of Fair Trading [2023] NSWCATOD 58 Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23 Giri v Roads and Maritime Services [2012] NSWADT 241 Hadroj v Director General, Department of Fair Trading [2002] NSWADT 95 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 Hunt v Director General, Department of Services Technology and Administration [2010] NSWADT 186 Livaja v Commissioner for Fair Trading, Department of Finance, Services and Innovation Luk v Commissioner of Police, NSW Police [2019] NSWCATAP 23 McDonald v Director General of Social Security (1984) 1 FCR 353 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Paul Voutef v Commissioner for Fair Trading [2023] NSWCATOD 79 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 Texts Cited: None cited Category: Principal judgment Parties: Rebecca Fearon (First Applicant) Rebecca Fearon Pty Ltd (Second Applicant)