Wilson v Director General of the Department of Fair Trading (No 2) [2003] NSWLEC 173

> Reported Decision : 126 LGERA 212

Land and Environment Court of New South Wales

CITATION : Wilson v Director General of the Department of Fair Trading (No 2) [2003] NSWLEC 173 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 :- valuers disqualification to start from date of Land and Environment Court decision

LEGISLATION CITED: Valuers Registration Act 1975 s 21 Land and Environment Court Rules s 13.39 CASES CITED: DATES OF HEARING: 06/06/2003 EX TEMPORE JUDGMENT DATE : 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 Director General of the Department of Fair Trading Respondent Judgment

Introduction 1 HIS HONOUR: The Court agrees with the submission made by Ms Grant on behalf of the respondent. The misconduct resulting in Mr Wilson's conviction and his continued failure to disclose the conviction to the regulator support the decision made by the delegate to remove his name from the register of valuers for a period of five years. 2 The Court re-determines the matter in the same way for the reasons that I now publish. 3 I make the following orders:- (1) Appeal dismissed. (2) Decision of the delegate of the Director General of the Department of Fair Trading on 6 January is confirmed in accordance with s 21 of the Valuers Registration Act, namely, Michael John Wilson is to be removed from the register of real estate valuers for a period of five years from this date. (3) Costs reserved (4) The exhibits may be returned. 4 I publish my reasons.