Wilson v Director-General of the Department of Fair Trading [2003] NSWLEC 134

> Land and Environment Court of New South Wales

CITATION : Wilson v Director-General of the Department of Fair Trading [2003] NSWLEC 134 APPELLANT Michael John Wilson PARTIES : RESPONDENT Director-General of the Department of Fair Trading FILE NUMBER(S) : 30082 of 2003 CORAM: Talbot J KEY ISSUES: Appeal :- against delegates decision to strike name off register dismissed LEGISLATION CITED: Crimes Act 1900 s 178BB Valuers Registration Act 1975 s 20, s 23(1) CASES CITED: DATES OF HEARING: 02/06/2003 DATE OF JUDGMENT: 06/06/2003

APPELLANT Mr K Newell (Barrister) SOLICITORS N/A

LEGAL REPRESENTATIVES: RESPONDENT Ms K Grant (Solicitor) SOLICITORS Department of Fair Trading

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 30082 of 2003

Talbot J

6 June 2003 Michael John Wilson Appellant v Department of Fair Trading Respondent Judgment

Introduction 1 This is an appeal by Michael John Wilson, a Valuer, from the decision of the Director-General of the Department of Fair Trading ("the Director-General") in respect to an inquiry conducted pursuant to s 20 of the Valuers Registration Act 1975 ("the Valuers Registration Act"). 2 Section 20 provides that where the Director-General is satisfied, after inquiries, that a registered real estate valuer has, inter alia:- (a) been convicted in New South Wales or elsewhere by any Court of any crime or offence; or (b) been guilty of misconduct in a professional respect;