NSW Caselaw
Appeal Panel - Internal
CITATION: Stojanovic v Commissioner for Fair Trading, New South Wales Office of Fair Trading (GD) [2008] NSWADTAP 84
APPELLANT Radoslav Rajko Stojanovic PARTIES: RESPONDENT Commissioner for Fair Trading, New South Wales Office of Fair Trading
FILE NUMBER: 089039
HEARING DATES: 19 November 2008
SUBMISSIONS CLOSED: 19 November 2008
DATE OF DECISION: 24 December 2008
BEFORE: O'Connor K - DCJ (President); Leal S - Judicial Member; Blake C - Non-Judicial Member
CATCHWORDS: Real Estate Salesperson – Applicant previously deregistered as Agent – Application Refused – Present Fitness – Period of Good Conduct prior to Deregistration – Relevant Considerations – Extension to Merits – Appeal allowed – Application granted with conditions – Property, Stock and Business Agents Act 2002
DECISION UNDER APPEAL: Stojanovic v Commissioner for Fair Trading, New South Wales Office of Fair Trading [2008] NSWADT 109
FILE NUMBER UNDER APPEAL: 073333
DATE OF DECISION UNDER APPEAL: 04/15/2008
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Property, Stock and Business Agents Act 2002
Aavelaid v State of Victoria [1999] VSC 255 Blackham v Haythorpe (1917) 23 CLR 156 Burton v Anderson (Kirby P, Priestley, Handley JJA), 28 October 1994 Clyne v Bar Association of New South Wales (1960) 104 CLR 186 Edelsten v Medical Practitioners Board of Victoria [2000] VSC 565 Ex parte Lenehan [1948] HCA 45; (1948) 77 CLR 403 Ex parte Tziniolis; Re The Medical Practitioners' Act (1966) 67 SR (NSW) 448 Good v. The Medical Board of Western Australia (SCWA, unreported, 6 December 1994) CASES CITED: Hegney v Law Society of New South Wales [2008] NSWADT 150 In re Davis [1947] HCA 53; (1947) 75 CLR 409 Kotowitz v The Law Society of New South Wales (Court of Appeal, 2 August 1987, unreported) McBride v Walton (NSW Court of Appeal, unreported, 15 July 1994) Meredith v Legal Profession Admission Board of NSW [2008] NSWSC 1170 Miedzinski v Council of the Law Society of NSW [2007] NSWADT 268 Re Harrison [2002] SASC 335 Sean Investments Pty Ltd v Mackellar (1981) 38 ALR 363 Stojanovic v Commissioner for Fair Trading, New South Wales Office of Fair Trading [2008] NSWADT 109
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