McDonald v Commissioner for Fair Trading [2004] NSWADT 124

CITATION: McDonald v Commissioner for Fair Trading [2004] NSWADT 124 DIVISION: General Division APPLICANT PARTIES: Anthony McDonald RESPONDENT Commissioner for Fair Trading FILE NUMBER: 043098 HEARING DATES: 04/06/2004 SUBMISSIONS CLOSED: 06/04/2004 DATE OF DECISION: 06/22/2004

BEFORE: Hennessy N - Magistrate (Deputy President) APPLICATION: Property, Stock and Business Agents Act - Real Estate agent - certificate of registration - grant - Real Estate agent - certificate of registration - grant MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Interpretation Act 1987 LEGISLATION CITED : Licensing and Registration (Uniform Procedures) Act 2002 Property, Stock and Business Agents Act 1941 Queensland Building Services Authority Act 1991 Coles Myer New South Wales Ltd v Dymocks Book Arcade Ltd (1996) ACL 355. Mills v Meeking (1990) 91 ALR 16 Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 CASES CITED: Muir v Franklins Ltd [2001] QCA 173 (11 May 2001) O'Connell v Queensland Building Services Authority Q099-01 (20 December 2001) Pizer v Ansett Australia Ltd [1998] QCA 298 Young v Paddle Brothers Pty Ltd [1956] VLR 38 APPLICANT REPRESENTATION: J Ralston, solicitor RESPONDENT R Henderson, barrister ORDERS: 1. The decision of the Commissioner for Fair Trading to refuse to grant the applicant a certificate of registration under s 10 of the Property, Stock and Business Agents Act 2002 is set aside.; 2. In substitution for that decision, a decision is made to grant the applicant a certificate of registration under s 10 of that Act.