Foong v Director-General, Department of Finance and Services NSW Fair Trading [2012] NSWADT 261

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Foong v Director-General, Department of Finance and Services NSW Fair Trading [2012] NSWADT 261 Decision date: 10 December 2012 Jurisdiction: General Division Before: S Frost, Judicial Member Decision: Decision under review varied so as to impose a disqualification period of seven years from 19 September 2011 Catchwords: Real estate licensing - fit and proper person - applicant convicted, after initial disqualification, of an offence involving dishonesty - period of disqualification increased Legislation Cited: Property, Stock and Business Agents Act 2002 Category: Principal judgment Parties: Yena Foong (Applicant); Director-General, Department of Finance and Services NSW Fair Trading (Respondent) Representation: Y Foong (Applicant in person) Ms F Campora, Department of Finance & Services (Respondent) File Number(s): 113343

reasons for decision

Introduction 1GENERAL DIVISION (S FROST, JUDICIAL MEMBER): The applicant, Ms Yena Foong, has been a real estate agent for about 25 years - since 1999 in New South Wales, and before that in New Zealand. 2In September 2011 a delegate of the respondent determined that Ms Foong should be disqualified from working as a real estate agent for five years. The circumstances that led to that determination, and the events that have occurred since then, will be set out in detail later in these reasons. As things have turned out, the respondent now suggests that Ms Foong's period of disqualification should be increased to seven years. In the circumstances, I agree that seven years is the appropriate period of disqualification. I will vary the decision under review and impose a period of disqualification of seven years.