Hunt v Director General, Department of Services Technology and Administration [2010] NSWADT 186

CITATION: Hunt v Director General, Department of Services Technology and Administration [2010] NSWADT 186

DIVISION: General Division

APPLICANT Aaron Hunt PARTIES: RESPONDENT Director General, Department of Services Technology and Administration

FILE NUMBER: 093303

HEARING DATES: 26 & 24 March 2010 and 6 May 2010

SUBMISSIONS CLOSED: 14 May 2010

DATE OF DECISION: 27 July 2010

BEFORE: Higgins S - Judicial Member

CATCHWORDS: Application for certificate of registration as a real estate salesperson – refusal of application – applicant a disqualified person by reason of a conviction of dishonesty - whether the conviction should be ignored – whether the applicant otherwise a fit and proper to be issued with a certificate

LEGISLATION CITED : Property Stock and Business Agents Act 2002

CASES CITED: Hunt v Commissioner for Fair Trading [2008] NSWADT 280 Commissioner for Fair Trading, NSW Office of Fair Trading v O'Connor (GD) [2007] NSWADTAP 37

APPLICANT D Yuide, solicitor REPRESENTATION: RESPONDENT W Maynard, solicitor

ORDERS: The decision of the respondent is affirmed

REASONS FOR DECISION

1 This is an application by Aaron Hunt (Mr Hunt) seeking review of a decision of a delegate of the Director-General of the Department of Services, Technology and Administration (the respondent), refusing his application for a certificate of registration as a real estate salesperson, under the Property Stock and Business Agents Act 2002 (the Act).

2 Mr Hunt is aged 38 and was issued with a real estate agent's licence in December 1996. He remained the holder of such a licence until 4 December 2007. In November 2007, he made an application for renewal of his licence, however, the respondent refused that application on the basis that he was a disqualified person: see section 16 of the Act. He was disqualified by reason of having been convicted, on 8 August 2007, by the Local Court of New South Wales, of 8 dishonesty charges (i.e. offences of obtaining money by deception). The convictions and sentences were confirmed on appeal by the District Court in November 2007.