Commissioner for Fair Trading, Department of Commerce v Armond Shoostovian [2009] NSWSC 713

New South Wales Supreme Court

CITATION : Commissioner for Fair Trading, Department of Commerce v Armond Shoostovian [2009] NSWSC 713 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 09/02/2009, 18/03/2009

JUDGMENT DATE : 28 July 2009

JUDGMENT OF : Howie J at 1

DECISION : In respect of each offence in Schedule 1 to this judgment there is a fine imposed of $1700. In respect of each offence in Schedule 2 to this judgment the defendant is discharged on condition that he enters into a good behaviour bond for a period of 2 years from today. The Defendant is to pay the Plaintiff's costs.

CATCHWORDS : Sentence for offences in breach of regulatory provisions concerned with finance broking - plea of guilty - sentences imposed.

Consumer Credit Administration Act 1995 - ss 4C(1), 4C(3)(c), (e), (f), (g), (i), (m), 4C(4), 4H(1), 41(1), 43(1)(b) LEGISLATION CITED : Credit (Finance Brokers) Act 1984 (now repealed) Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 - ss 3A, 9, 10(1)(b), 10(2)(b)

CATEGORY : Principal judgment

CASES CITED : Suleman v R [2009] NSWCCA 70 R v Elyard [2006] NSWCCA 43

PARTIES : Commissioner for Fair Trading, Department of Commerce v Armond Shoostovian

FILE NUMBER(S) : SC 2008/12208

COUNSEL : R Francois - Plaintiff A Jamieson - Defendant

SOLICITORS : B Bourke - Plaintiff C Parisi - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HOWIE J

TUESDAY 28 JULY 2009

2008/12208 COMMISSIONER FOR FAIR TRADING, DEPARTMENT OF COMMERCE v Armond SHOOSTOVIAN