Campbell v Director-General, Department of Services Technology and Administration [2011] NSWADT 236

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Campbell v Director-General, Department of Services Technology and Administration [2011] NSWADT 236 Hearing dates: 18 November 2010, 31 January 2011 Decision date: 10 October 2011 Before: S Montgomery, Judicial Member Decision: The decision under review is affirmed. Catchwords: Real Estate Agent Licence - disqualified person Legislation Cited: Administrative Decisions Tribunal Act 1997 Property, Stock and Business Agents Act 2002 Cases Cited: Australian Broadcasting Commission v Bond [1990] HCA 33; (1990) 170 CLR 321 Hughes & Vale Pty Ltd v New South Wales (No 2) [1955] HCA 28; (1955) 93 CLR 127 Category: Principal judgment Parties: Jennifer Ivy Campbell (Applicant) Director-General, Department of Services Technology and Administration (Respondent) File Number(s): 103007

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): This is an application for review of a determination by a delegate of the Director-General of the Respondent in relation to the real estate agents licence held by Ms Campbell ("the Applicant ") under the Property, Stock and Business Agents Act 2002 ("the Act").

Background 2The Applicant was the holder of a real estate agents licence issued under the Act in February 2005. 3The Applicant was the sole director and secretary of Reda Holdings Pty Ltd ('Reda') after being appointed on 11 May 1999. Her son, Ryan Campbell ("Ryan") was a director of Reda from July 2002 to October 2007. The Applicant's husband Gregory Campbell ("Gregory") was also a director of Reda from July 2002 to March 2009. 4Reda was the holder of a real estate corporation licence issued under the Act. The licence was first issued to Reda in 1999 and expired in July 2008. Reda formerly traded as Raine & Horne from its registered office at Toukley and from its branch office at The Entrance. The Applicant was the licensee in charge of Reda's branch office at The Entrance. 5On 4 March 2009 the Applicant became an undischarged bankrupt. The trustee has lodged an objection to the discharge of her bankruptcy. 6On 27 November 2009, Reda was placed into liquidation. 7The Applicant was interviewed by officers of the Office of Fair Trading ("Fair Trading") on 3 November 2009. At that time Gregory and Ryan were under investigation for various breaches under the Act and were issued with Notices to Show Cause, and Reda's licence had expired. 8Fair Trading did not discover that the Applicant was an undischarged bankrupt until after that interview. Fair Trading issued the Applicant with a Notice to Show Cause on various grounds including the ground that she was an undischarged bankrupt. 9In January 2010, Fair Trading issued a determination against the Applicant with findings that she had become bankrupt and that there was no evidence that she took all reasonable steps to avoid the bankruptcy. Fair Trading affirmed its decision in March 2010.