Kevin McAloon v. Real Estate Valuers Registration Board [1988] NSWLEC 130

Land and Environment Court of New South Wales

CITATION : Kevin McAloon v. Real Estate Valuers Registration Board [1988] NSWLEC 130 APPLICANT Kevin McAloon PARTIES : RESPONDENT Real Estate Valuers Registration Board FILE NUMBER(S) : 30062 of 1988 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Valuers Registration Act 1975 Land and Environment Court Act Builders Licensing Board v. Sperway Constructions (Sydney) Pty Ltd (1976); CASES CITED: Superintendent of Licenses v. Ainsworth Nominees Pty Ltd (1987); Meyering v. Northern Territory of Australia (1987) DATES OF HEARING: 18/12/87 DATE OF JUDGMENT: 07/29/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: Kevin McAloon is registered as a practising real estate valuer pursuant to the Valuers Registration Act 1975 ("the Act"). On 18thDecember, 1987 the Real Estate Valuers Registration Board ("the Board") constituted under s.5 of the Act conducted an inquiry pursuant to s.20. After a hearing the Board found that MrMcAloon was guilty of misconduct in a professional respect, and ordered that his name be removed from the Register. MrMcAloon appeals to this Court against the order of the Board.

Iam informed that this is the first such appeal brought to this Court, and it is common ground that Ishould determine as a preliminary issue the nature of the appeal. No rules of Court have been enacted in relation to the conduct of such proceedings, and the parties are in dispute as to whether fresh evidence may be called on the hearing.

The Board is constituted under s.5 and has, and exercised, prescribed functions and powers under the Act, including registration of various categories of real estate valuers (s.12) after an assessment of their character, competence and experience (s.15 et seq). The Board has certain powers to remove from the Register the name of a registered real estate valuer (s.19) or after inquiry pursuant to s.20.