Carr v Director-General, Department of Finance and Services (formerly Department of Services, Technology and Administration) [2011] NSWADT 157

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Carr v Director-General, Department of Finance and Services (formerly Department of Services, Technology and Administration) [2011] NSWADT 157 Hearing dates: 25 November 2010 Decision date: 29 June 2011 Jurisdiction: General Division Before: S Higgins, Deputy President Decision: The decision of the respondent is varied as follows: (a)to declare the applicant a disqualified person for the purposes of the Act until 30 April 2015; and (b)to disqualify the applicant from being involved in the direction, or management (including the operation of a trust account) in the business of a licensee under the Act until 30 April 2015. Catchwords: Real Estate Agent Licence - disciplinary action - contravention of the Act and Regulation - acted unlawfully, improperly, unfairly, or incompetently - disqualified person - not fit and proper to be involved in the direction, management or conduct of the business of a licensee Legislation Cited: Administrative Decisions Tribunal Act 1997 Auctioneers and Agents Act 1941 (repealed) Crimes Act 1900 Property Stock and Business Agent Act 2002 Property Stock and Business Agent 2002 Cases Cited: Australian Broadcasting Commission v Bond (1990) 170 CLR 321 Hughes & Vale Pty Ltd v New South Wales (No 2) (1955) 93 CLR 127 Hunt v Director General, Department of Services, Technology and Administration (2010) NSWADT 186 Masic v Commissioner for Fair Trading, NSW Office of Fair Trading [2009] NSWADT 38 McBride v Walton (NSW Court of Appeal, unreported, 15 July 1994 Category: Principal judgment Parties: Rory Carr (Applicant) Director-General, Department of Services, Technology and Administration, NSW Fair Trading (Respondent) Representation: B Compton of Leverage Australia (Applicant) B Bourke of Department of Finance and Services (formerly Department of Services, Technology and Administration) (Respondent) File Number(s): 103161