Jones and anor v Commissioner for Fair Trading, New South Wales Office of Fair Trading [2008] NSWADT 140

CITATION: Jones and anor v Commissioner for Fair Trading, New South Wales Office of Fair Trading [2008] NSWADT 140

DIVISION: General Division

APPLICANT Marie Lois Jones

PARTIES: APPLICANT Gateway Real Estate (Sydney) Pty Ltd

RESPONDENT Commissioner for Fair Trading, New South Wales Office of Fair Trading

FILE NUMBER: 073322; 073323

HEARING DATES: 15 February 2008

SUBMISSIONS CLOSED: 15 February 2008

DATE OF DECISION: 16 May 2008

BEFORE: Molony P - Judicial Member

CATCHWORDS: Property, Stock and Business Agents Act - Real Estate agent - cancellation of licence

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Administrative Decision Tribunal Act 1997 Property Stock and Business Agents Act 2002

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Brennan & Australian Casino Surveillance Authority (1995) 38 ALD 794 Clarke v Commissioner for Fair Trading [2004] 273 Davidson v Commissioner for Fair Trading [2004] NSW ADT 200 Cross v Commissioner for Fair Trading, Office of Fair Trading [2005] NSWADT 69 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Duncan v Commissioner of Fair Trading [2008] NSWADT 121 Hughes & Vale Pty Ltd v The State of New South Wales (No 2) (1955) 93 CLR 127 CASES CITED: Kioussis v Director General, Department of Fair Trading [2002] NSWADT 2 Lindfield v Commissioner for Fair Trading [2005] NSW ADT 32 Marino v Director General, Ministry of Transport [2005] NSWADT 53 McDonald v Commissioner for Fair Trading [2004] NSW ADT 124 McEvoy v Director-General Department of Fair Trading [2000] NSW LEC 183 Musa and Ministry of Transport [2005] AATA 577 Re Mayers and Casino Surveillance Authority (1993) ALD 585 Re Percival and Australian Securities Commission (1993) 30 ALD 280 Saglimbeni v Commissioner for Fair Trading, NSW Office of Fair Trading [2008] NSWADT 1 Smith v Commissioner for Fair Trading [2004] NSW ADT 182