Smith v Commissioner for Fair Trading [2004] NSWADT 182

CITATION: Smith v Commissioner for Fair Trading [2004] NSWADT 182 DIVISION: General Division APPLICANT PARTIES: Brian Smith RESPONDENT Commissioner for Fair Trading FILE NUMBER: 043104 HEARING DATES: 27/07/2004 - 28/07/2004 SUBMISSIONS CLOSED: 07/28/2004 DATE OF DECISION: 08/24/2004

BEFORE: Hennessy N - Magistrate (Deputy President) APPLICATION: Property, Stock and Business Agents Act - Real Estate agent - cancellation of licence - Property, Stock and Business Agents Act - Real Estate agent - declaration that agent is disqualified person - Property, Stock and Business Agents Act - Real Estate agent - disqualification - Real Estate agent - cancellation of licence - Real Estate agent - declaration that agent is disqualified person - Real Estate agent - disqualification MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Property, Stock and Business Agents Act 1941 Commissioner for Fair Trading, Office of Fair Trading v Lindfield (GD) [2004] NSWADTAP 28 CASES CITED: McDonald v Commissioner for Fair Trading [2004] NSWADT 124 Coles Myer New South Wales Ltd v Dymocks Book Arcade Ltd (1996) ACL 355 APPLICANT REPRESENTATION: G Evans, barrister RESPONDENT A Wilson, solicitor ORDERS: 1. The disciplinary decisions made in relation to the applicant are set aside; 2. In substitution for those decisions, the Tribunal determines that Mr Smith was not a "disqualified person" pursuant to s 16(1)(c) of the Property, Stock and Business Agents Act 2002 at the time the Commissioner made his decision because Mr Smith took all reasonable steps to avoid the bankruptcy