NSW Caselaw
CITATION: Davidson v Commissioner for Fair Trading [2008] NSWADT 269
DIVISION: General Division
APPLICANT Mark Manning Davidson PARTIES: RESPONDENT Commissioner for Fair Trading
FILE NUMBER: 073212
HEARING DATES: 30-31 October 2007, 15-16 January 2008
SUBMISSIONS CLOSED: 11 April 2008
DATE OF DECISION: 26 September 2008
BEFORE: Montgomery S - Judicial Member
CATCHWORDS: Property, Stock and Business Agents Act - Real Estate Agent - disciplinary determination
MATTER FOR DECISION: Principal matter
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Property, Stock and Business Agents Act 2002
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321Briginshaw v Briginshaw (1938) 60 CLR 336 CASES CITED: Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Hughes and Vale Pty Limited v State of New South Wales (1955) 93 CLR 127
APPLICANT P Richardson, solicitor REPRESENTATION: RESPONDENT R Henderson, barrister
The decision under review is varied ORDERS: The decision that licence number 253481 held by Mr Davidson be cancelled pursuant to section 192(1)(g) of the Act is affirmed The decision that Mr Davidson is disqualified from holding a licence issued under the Act for a period of five years is set aside. In its place the decision is made that Mr Davidson is disqualified from holding a licence issued under the Act for a period of 18 months The cancellation and disqualification take effect on and from 15 July 2007.
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