Grant v Commissioner for Fair Trading; John B Grant Real Estate Pty Ltd v Commissioner for Fair Trading [2005] NSWADT 268

Pending Appeal :

CITATION: Grant v Commissioner for Fair Trading; John B Grant Real Estate Pty Ltd v Commissioner for Fair Trading [2005] NSWADT 268 DIVISION: General Division FIRST APPLICANT John B Grant FIRST RESPONDENT PARTIES: Commissioner for Fair Trading SECOND APPLICANT John B Grant Real Estate Pty Ltd SECOND RESPONDENT Commissioner for Fair Trading FILE NUMBER: 053008; 053009 HEARING DATES: 19/04/2005 SUBMISSIONS CLOSED: 11/01/2005 DATE OF DECISION: 11/25/2005

BEFORE: Montgomery S - Judicial Member 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 - Real Estate agent - cancellation of licence - Real Estate agent - declaration that agent is disqualified person MATTER FOR DECISION: Principal matter LEGISLATION CITED : Property, Stock and Business Agents Act 2002 Property, Stock and Business Agents Regulation 2003 CASES CITED: FIRST & SECOND APPLICANT REPRESENTATION: M Parasyn, Solicitor FIRST & SECOND RESPONDENT M Painter, Barrister ORDERS: In relation to application number 053008:; 1. The determination that Mr Grant's licence number 123933 be cancelled and that he be declared a disqualified person for a period of 6 months is set aside; 2. In its place, the decision is made that the following conditions are to apply to the licence for a period of six months from the date of these orders: ; a) Mr Grant is not to act as a licensee in charge of any real estate agency; b) Mr Grant is not to be involved in the day-to-day management of any entity operating as a real estate agency; c) Mr Grant is not to act in any supervisory capacity in any real estate agency; d) Mr Grant is to disclose the conditions to which he is subject to any licensee by whom he is employed and such disclosure is to occur prior to the commencement of employment in a real estate agency; and ; e) Mr Grant is to provide the Commissioner with written confirmation from the licensee that he has disclosed the condition to which he is subject prior to the commencement of employment in a real estate agency. ; In relation to application number 053009:; 1. The determination to impose a monetary penalty of 150 penalty units on John B Grant Real Estate Pty Ltd is set aside. The determination under review is otherwise affirmed