Singh v Director-General, Department of Finance and Services [2011] NSWADT 296

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Singh v Director-General, Department of Finance and Services [2011] NSWADT 296 Decision date: 14 December 2011 Jurisdiction: General Division Before: S Frost, Judicial Member Decision: Set aside the decision under review; substitute a decision to: (1)Disqualify the Applicant from being involved in the direction, management or conduct of the business of a licensee; (2)Impose a condition on the Applicant's certificate of registration that he not receive, access, handle or deal with trust money, or undertake the recording of financial transactions into the system of any licensee that employs him. Catchwords: Real estate salesperson - holder of a certificate of registration - Applicant's name previously removed from the roll of legal practitioners for professional misconduct - whether the Applicant is a "fit and proper person to be involved in the direction, management or conduct of the business of a licensee" - consideration of the appropriate sanction Legislation Cited: Property, Stock and Business Agents Act 2002 Cases Cited: Haining v Commissioner of Police, NSW Police Service [1999] NSWADT 6 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Law Society of NSW v Foreman (1994) 34 NSWLR 408 Category: Principal judgment Parties: Jaswinder Singh (Applicant) Director-General, Department of Finance and Services, NSW Fair Trading (Respondent) Representation: Counsel A Combe (Applicant) Low Doherty & Stratford Lawyers (Applicant) F Campora (Respondent) File Number(s): 113179