Masic v Commissioner for Fair Trading, NSW Office of Fair Trading [2009] NSWADT 38

CITATION: Masic v Commissioner for Fair Trading, NSW Office of Fair Trading [2009] NSWADT 38 This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: General Division

APPLICANT Senad Masic PARTIES: RESPONDENT Commissioner for Fair Trading, NSW Office of Fair Trading

FILE NUMBER: 083320

HEARING DATES: 29 January 2009

DATE OF DECISION: 24 February 2009

BEFORE: Handley R - Deputy President

CATCHWORDS: Real Estate Agent – cancellation of licence

LEGISLATION CITED : Property, Stock and Business Agents Act 2002Property, Stock and Business Agents Regulation 2003Administrative Decisions Tribunal Act 1997

Stojanovic v Commissioner for Fair Trading, NSW Office of Fair Trading (GD) [2008] NSWADTAP 84 Davidson v Commissioner for Fair Trading [2008] NSWADT 269 CASES CITED: Hughes & Vale Pty Ltd v New South Wales (No 2) (1955) 93 CLR 127 Australian Broadcasting Commission v Bond (1990) 170 CLR 321 McBride v Walton (NSW Court of Appeal, unreported, 15 July 1994)

APPLICANT A Macri, barrister REPRESENTATION: RESPONDENT S Sharma-Calderson, solicitor

1. The first part of the Commissioner's decision dated 14 October 2008 cancelling Mr Masic's real estate agent's licence under s 192(1)(g) of the Property, Stock and Business Agents Act 2002 is affirmed ORDERS: 2. The second part of the Commissioner's decision declaring Mr Masic to be a disqualified person for a period of five years under s 192(1)(h) of the Act is set aside 3. The third part of the Commissioner's decision disqualifying Mr Masic from being involved in the direction, management or conduct of the business of a licensee under s 192(1)(i) of the Act is varied by adding that the disqualification is for a period of five years 4. The matter is remitted to the Commissioner under s 63(2)(d) of the Administrative Decisions Tribunal Act 1997 with directions that should Mr Masic apply for a certificate of registration as a real estate salesperson in the immediate future, he be found to be eligible for the grant of such a certificate subject to the imposition of appropriate conditions.