Sarkees v Commissioner for Fair Trading [2024] NSWCATOD 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sarkees v Commissioner for Fair Trading [2024] NSWCATOD 208 Hearing dates: 20 August 2024 Date of orders: 20 August 2024 Decision date: 20 August 2024 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is set aside. (2) The decision is made that the Applicant's application to renew her Class 1 real estate licence is granted. Catchwords: Administrative Law – licensing – real estate agent – fit and proper person Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Property and Stock Agents Act 2002 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Crimes Act 1900 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Director- General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65, [37]; Smith, [30]. Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 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 YG and GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: Sabrina Sarkees (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: D New (Applicant) A Douglas-Baker (Respondent) Solicitors: Brydens Lawyers (Applicant) NSW Fair Trading, Legal (Respondent) File Number(s): 2024/00111624 Publication restriction: Nil