> 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. 5 NEWELL: Can I just make one amendment to that, your Honour. In discussion with my friend as to when that disqualification should commence-- 6 HIS HONOUR: I see, I thought there was consensus that it was from this date. 7 NEWELL: There was, your Honour, but we've now reached a new consensus. 8 GRANT: I had a look at the matter and I may well be incorrect but I looked at the Land and Environment Court Rules at 13.39 which provides that an appeal to the Court does not operate as a stay of proceedings under the relevant decision or order and my instructions are Mr Wilson was not re-issued with a licence following the order that was made earlier this year by the Director General's delegate. 9 HIS HONOUR: But this is a re-hearing. 10 NEWELL: Yes. 11 HIS HONOUR: What you are suggesting is he should be given credit. See, I'm not actually reinstating the decision of the delegate, am I? 12 NEWELL: No, it's your decision, your Honour. 13 GRANT: Yes. 14 NEWELL: It's your decision and I think you are entitled to commence it from today on reflection. 15 GRANT: I would agree with that. I was simply correcting the error that I thought we were under on Monday, that the Director General's decision had been stayed which in fact it had not. 16 HIS HONOUR: I see. 17 NEWELL: That was the only issue. 18 HIS HONOUR: I didn't have the evidence before me particularly that he had not held a certificate but it being a re-hearing it's a re-determination. Although I agree with the decision of the delegate and confirm it I would think the suspension, unless you want to put something to me specifically, is from today. 19 NEWELL: I think that's right, your Honour. 20 HIS HONOUR: All right, I'll leave it. 21 COUNSEL ADDRESSED ON COSTS 22 HIS HONOUR: I order that the appellant pay the respondent's costs. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.