NSW Caselaw
CITATION: Aria Jap International Pty Ltd v Commissioner for Fair Trading, Office of Fair Trading [2006] NSWADT 166
DIVISION: General Division
APPLICANT PARTIES: Aria Jap International Pty Limited RESPONDENT Commissioner for Fair Trading, Office of Fair Trading
FILE NUMBER: 053208
HEARING DATES: 05/12/05
SUBMISSIONS CLOSED: 02/14/2006
DATE OF DECISION: 06/05/2006
BEFORE: Montgomery S - Judicial Member
CATCHWORDS: Motor Dealer - cancellation of licence - Motor Dealer - impose disqualification of licence - Motor Dealers Act - motor dealer - cancellation of licence - Motor Dealers Act - motor dealer - impose a condition on licence
MATTER FOR DECISION: Principal matter
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Fair Trading Act 1987 Motor Dealers Act 1974 Motor Dealers Regulation 2004
Flanagan v Commissioner of Fair Trading [2004] NSWADT 166 CASES CITED: McDonald v Director General of Social Security (1984) 1 FCR 354 Morrie Muller (NSW) Pty Ltd & anor -v- Director General, Department of Fair Trading [2002] NSWADT 163 Tosohn Pty Ltd -v- Director General, Department of Fair Trading [2003] NSWADT 1
APPLICANT J O'Connor, Barrister REPRESENTATION: RESPONDENT M Grinbergs, Legal Officer
ORDERS: 1. The decision of the Commissioner for Fair Trading to cancel the licence and to permanently disqualify Aria Jap International Pty Ltd from holding a licence under the Act is affirmed ; 2. The decision of the Commissioner for Fair Trading to disqualify Mr Aria for a period of six years from holding a licence under the Act or from being concerned in the direction, management or conduct of a business for the carrying on of which a licence is required is set aside. In its place I make the determination that Mr Aria is disqualified for a period of two years from holding a licence under the Act or from being concerned in the direction, management or conduct of a business for the carrying on of which a licence is required.
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