Commissioner of Fair Trading v PSMG Pty Ltd [2025] NSWCATAP 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Fair Trading v PSMG Pty Ltd [2025] NSWCATAP 34 Hearing dates: 16 December 2024 Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Appeal Panel Before: Balla ADCJ, Principal Member P H Molony, Senior Member Decision: (1) Leave to appeal granted. (2) Appeal Allowed. (3) The decision of the Tribunal made on 5 August 2024 is set aside and, in its place, the following order is made: "The decisions made on 22 July 2024 to cancel the licences of PSMG Pty Ltd, licence number 1688934 and Whitney Hong Wang, licence number 1092361 ("the licences") are stayed; and for all purposes the licences are to be treated as on foot from 22 July 2024 until further order of the Tribunal." Catchwords: ADMINISTRATIVE LAW – appeal against decision to stay of decision to cancel strata management corporate and individual licences under the Property and Stock Agents Act 2002 – whether Tribunal had regard to mandatory consideration under s 60(3) of the Administrative Decisions Review Act 1997 – effect of appointment of manager pursuant to s 126 of the Property and Stock Agents Act 2002 on assessment of public interest – role of manager. APPEAL – interlocutory appeal – leave granted due to importance of issues going to public interest and public administration. Legislation Cited: Administrative Decisions Review Act 1987 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Interpretation Act 1987 (NSW) Property and Stock Agents Act 2002 (NSW) Strata Schemes Management Act 2015 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Property and Stock Agents Regulation 2014 (NSW) (Repealed) Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170, (1981) 35 ALR 625 Alexandria Landfill Pty Ltd v Transport for NSW (2020) 103 NSWLR 479; [2020] NSWCA 165 AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 Bimson, Roads & Maritime Services v Damorange Pty Ltd [2014] NSWSC 734 Brown v Tasmania [2017] HCA 43 506 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police, New South Wales Police Force v Fine [2014] NSWCATAP 24 Craig v South Australia (1995) 184 CLR 163 Ex parte Yuco Pty Ltd [1978] Qd R 235 Ferella & Anor v Chief Commissioner of State Revenue [2014] NSWCA 378 Florida Kitchen Centre Pty Limited v Keith [2016] NSWCATAP 54 FVA v Commissioner for Police, NSW Police Force [2024] NSWCATAP 127 Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315; [2015] FCAFC 92 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 23 Kudrynski v Orange City Council [2024] NSWCA 33 Metropolitan Water Board v. Marylebone Assessment Committee [1923] 1 K.B. 86 Niemann v Electronic Industries Ltd [1978] VR 431 Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 R v Holmes; Ex parte Altona Petrochemical Co Ltd (1972) 126 CLR 529 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597 STAR Training Academy Pty Ltd v Commissioner of Police [2021] NSWCATAP 370 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 Tom v Commissioner of Fair Trading [2022] NSWCATOD 130 Texts Cited: NSW Hansard, Legislative Assembly, 6 December 2001 Category: Principal judgment Parties: Commissioner of Fair Trading (Appellant) PSMG Pty Ltd (First Respondent) Whitney Hong Wang (Second Respondent) Representation: Counsel: A Douglas-Baker (Appellant) J Bannerman (Solicitor for Respondents)