Boutros v Director General, Department of Finance and Services (GD) [2011] NSWADTAP 54

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Boutros v Director General, Department of Finance and Services (GD) [2011] NSWADTAP 54 Hearing dates: 23 November 2011 Decision date: 30 November 2011 Jurisdiction: Appeal Panel - Internal Before: Judge K P O'Connor, President S Higgins, Deputy President M Bolt, Non-judicial Member Decision: Appeal dismissed Catchwords: MOTOR DEALERS LICENSING - Application for Licence - Applicant subject of Permanent Disqualification Order - Whether administrator has discretion - Held not - Appeal dismissed - Motor Dealers Act 1974, s 12, s 20F Legislation Cited: Administrative Decisions Tribunal Act 1997 Crimes (Criminal Organisations Control) Act 2009 Crimes Act 1900 Motor Dealers Act 1974 Pawnbrokers and Second-hand Dealers Act 1996 Cases Cited: Bourke v Commissioner of Police [1998] NSWADT 1 Boutros v Director General Department of Finance and Services, New South Wales Fair Trading [2011] NSWADT 181 Commissioner of Police v Wilson & anor, Court of Appeal, 29 July 1994, unreported Director General, Department of Fair Trading v Cohen [2000] NSWFTT 3 RTA v Sharp Towing Pty Ltd and ors (GD) [2008] NSWADTAP 49 Stephens v Director General, Department of Fair Trading [2003] NSWADT 173 Category: Principal judgment Parties: Elias Boutros (First Appellant) Leila Boutros (Second Appellant) Director General, Department of Finance and Services (Respondent) Representation: COUNSEL S J Stanton (First and Second Appellants) R Francois (Respondent) M Nicoletti (Respondent) File Number(s): 119039 Decision under appeal Jurisdiction: 9108 Citation: Boutros v Director General, Department of Finance and Services, New South Wales Fair Trading [2011] NSWADT 181 Date of Decision: 2011-07-28 00:00:00 Before: General Division File Number(s): 103299