NSW Caselaw
CITATION: Fitton v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 72
DIVISION: General Division
APPLICANT PARTIES: Anthony Dennis Fitton RESPONDENT Commissioner for Fair Trading, NSW Office of Fair Trading
FILE NUMBER: 063228
HEARING DATES: 3 October 2006
SUBMISSIONS CLOSED: 3 October 2006
DATE OF DECISION: 4 April 2007
BEFORE: Montgomery S - Judicial Member
CATCHWORDS: Real Estate agent - licence or certificate of registration - grant
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 321 Eleter v Director-General, Department of Fair Trading (2002) NSWADT 138 CASES CITED: Ex Parte Tzinliolis: Re The Medical Practitioners' Act [1966] 1 NSWR 357 Hughes and Vale Pty Ltd v The State of New South Wales (1955) 93 CLR 127 Parvin v Commissioner for Fair Trading (2005) NSWADT Yelland v Commissioner for Fair Trading (2005) NSWADT Ziems v The Prothonotary of The Supreme Court of New South Wales (1957) 97 CLR 279
APPLICANT E Conditsis, solicitor REPRESENTATION: RESPONDENT J Coss, solicitor
ORDERS: The decision of the Commissioner for Fair Trading, NSW Office of Fair Trading to refuse Mr Fitton's application for a real estate agent's licence under the Property, Stock and Business Agents Act 2002 is set aside. In substitution the decision is made that the application is granted.
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