Travel Action Pty Ltd; Sascha Frugtniet; Suzanne Frugtniet and Brian Frugtniet v Commissioner for Fair Trading [2003] NSWADT 223

Pending Appeal :

CITATION: Travel Action Pty Ltd; Sascha Frugtniet; Suzanne Frugtniet and Brian Frugtniet v Commissioner for Fair Trading [2003] NSWADT 223 DIVISION: General Division APPLICANTS PARTIES: Travel Action Pty Ltd; Sascha Frugtniet; Suzanne Frugtniet and Brian Frugtniet RESPONDENT Commissioner for Fair Trading FILE NUMBER: 023209, 023230, 023231, 023232 HEARING DATES: 28/01/2003-31/01/2003, 11/02/2003-12/02/2003, 6/05/2003, 8/05/2003 SUBMISSIONS CLOSED: 06/02/2003 DATE OF DECISION: 09/24/2003

BEFORE: Hennessy N - Magistrate (Acting President) APPLICATION: Travel Agent - cancellation of licence - Travel Agent - disqualification from conducting business - Travel Agent - disqualification from holding a licence - Travel Agents Act - Travel Agent - cancellation of licence - Travel Agents Act - Travel Agent - disqualification from holding a licence - Travel Agents Act - Travel Agent -disqualifiction from conducting a business MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Listening Devices Act 1984 LEGISLATION CITED : Migration Act 1958 Travel Agents Act 1986 Travel Agents Regulation 2001 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Briginshaw v Briginshaw (1938) 60 CLR 336 Ex Parte Tziniolis (1966) 67 SR (NSW) 448 Hughes and Vale v The State of New South Wales (1955) 93 CLR 127 McBride v Walton, (Supreme Court of NSW, Court of Appeal, 15 July 1994, unreported) Manilla Marketing Pty Limited v The Travel Compensation Fund (Commercial Tribunal, unreported No 1116 of 1993) Nationwide News Pty Ltd v Wills (1992) 44 IR 282 CASES CITED: R v Frugtniet and Frugtniet [1999] VSCA 58 Re Greenham and Minister for Capital Territory (1979) 2 ALD 137 Re Ladybird Children's Wear Pty Ltd and Department of Business and Consumer Affairs (1976) 1 ALD 1 Roncarelli v Duplessis (1959) 16 DLR (2d) 689 Rumbolt v Schmidt (1882) 8 QBD 603 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Sakellis v Officer in Charge of Police, Paddington (1968) 88 WN (NSW) Pt 1 541 Sobey v Commercial Private Agents Board (1979) 22 SASR 70 Sydney Municipal Council v Campbell [1925] AC 388 APPLICANTS REPRESENTATION: R Frugtniet, agent RESPONDENT G Elliott, counsel ORDERS: 1. The Commissioner's decision to permanently disqualify Suzanne Frugtniet from being involved in the direction, management or the conduct of business as travel agent or holding a licence issued under the Travel Agents Act 1986, is affirmed.; 2. The Commissioner's decision to permanently disqualify Brain Frugtniet from being involved in the direction, management or the conduct of business as travel agent or holding a licence issued under the Travel Agents Act 1986, is affirmed.; 3. The Commissioner's decision to disqualify Sascha Frugtniet for a period of ten years from 27 September 2002 from holding a licence issued under the Travel Agents Act 1986 and further to disqualify him for ten years from being involved in the direction, management or the conduct of business as travel agent is set aside. ; 4. The Commissioner's decision to cancel licence No 2TA001406 and to disqualify Travel Action Pty Ltd for a period of 10 years from 27 September 2002 from holding a licence issued under the Travel Agents Act 1986 is set aside. In substitution for that decision a decision is made to reprimand Travel Action Pty Ltd for failing to comply with the Travel Agents Act 1986.; 5. If either party wishes to apply for costs, then that application should be made within 28 days of receiving these reasons.