Flanagan v Commissioner of Fair Trading [2004] NSWADT 166

CITATION: Flanagan v Commissioner of Fair Trading [2004] NSWADT 166 DIVISION: General Division APPLICANT PARTIES: Steven Peter Flanagan RESPONDENT Commissioner for Fair Trading FILE NUMBER: 043140 HEARING DATES: 15/07/2004 SUBMISSIONS CLOSED: 08/10/2004 DATE OF DECISION: 08/13/2004

BEFORE: Montgomery S - Judicial Member APPLICATION: Motor Dealer - grant of licence - Motor Dealers Act - motor dealer - grant of licence MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Motor Dealers Act 1974 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 Hughes and Vale Proprietary Limited v State of New South Wales and Others [1955] 93 CLR 127 Jasmin v Commissioner of Police NSW police Service [2001] NSWADT 45 CASES CITED: New South Wales Bar Association-v-Evatt (1968) 117 Sakellis v Officer in Charge of Police Paddington (1968) 88 WN (PT 1)(NSW) Young Taek Chong v Tomazin (1994) ASC 56-283 Ziems-v-Prothonotary of the Supreme Court of NSW (1957) 97 CLR 279 APPLICANT REPRESENTATION: S Hall, solicitor RESPONDENT J Coss, solicitor ORDERS: 1. The Commissioner's determination to cancel Mr Flanagan's licence is affirmed.; 2. The Commissioner's determination to disqualify Mr Flanagan from holding a licence under the Act for seven years is set aside. In its place the order is made that Mr Flanagan is disqualified from holding a licence under the Act for two years.