Clarke v Commissioner of Fair Trading, Office of Fair Trading [2004] NSWADT 273

CITATION: Clarke v Commissioner of Fair Trading, Office of Fair Trading [2004] NSWADT 273 DIVISION: General Division APPLICANT PARTIES: Graham Charles Wilder Clarke RESPONDENT Commissioner of Fair Trading, Office of Fair Trading FILE NUMBER: 043129 HEARING DATES: 27/08/2004 SUBMISSIONS CLOSED: 08/27/2004 DATE OF DECISION: 11/29/2004

BEFORE: O'Connor K - DCJ (President) APPLICATION: Property, Stock and Business Agents Act - Real Estate, Business, Stock and Station Agent - cancellation of licence - Property, Stock and Business Agents Act - Real Estate, Business, Stock and Station Agent - disqualification - Real Estate, Business, Stock and Station Agent - cancellation of licence - Real Estate, Business, Stock and Station Agent - disqualification MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Bankruptcy Act 1966 (Cth) LEGISLATION CITED : Farm Debt Mediation Act 1994 Property, Stock and Business Agents Act 1941 Property, Stock and Business Agents Act 2002 Davidson v Commissioner for Fair Trading [2004] NSWADT 200 CASES CITED: McDonald v Commissioner for Fair Trading [2004] NSWADT 124 Smith v Commissioner for Fair Trading [2004] NSWADT 182 APPLICANT REPRESENTATION: M Giugni, solicitor RESPONDENT J Coss, solicitor ORDERS: 1. The decision under review is:; (a) affirmed as to cancellation of the licence; and ; (b) varied as to disqualification with the period of disqualification reduced to two months; 2. The respondent to notify the applicant of the commencement and expiry dates of the period of disqualification remaining to be served; 3. The stay order to remain in force until the commencement date referred to in order 2.