Kumar v Director General, Department of Finance and Services [2013] NSWADT 124

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Kumar v Director General, Department of Finance and Services [2013] NSWADT 124 Hearing dates: 25 September 2012; 26 September 2012; 15 November 2012 Decision date: 03 June 2013 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. The decision under review is affirmed. 2. This decision takes effect 28 days from the date of this decision. Catchwords: Real Estate Agent - certificate of registration - cancellation - disqualification - fit and proper Legislation Cited: Administrative Decisions Tribunal Act 1997 Property Stock & Business Agents Act 2002 Cases Cited: In Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28; (1955) 93 CLR 127 Sobey v Commercial and Private Agents Board 20 SASR 70 Category: Principal judgment Parties: Rakesh Soni Kumar (Applicant) Director General, Department of Finance and Services (Respondent) Representation: Counsel P Kintominos (Applicant) Benjamin & Khoury, (Applicant) Department of Finance & Services (Respondent) File Number(s): 123187

reasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): Rakesh Soni Kumar (aka Roni Soni) ("the Applicant") has applied to the Tribunal for review of a determination by a delegate of the Director General, Department of Finance and Services ("the Respondent"). The Applicant was the holder of a certificate of registration under the Property Stock and Business Agents Act 2002 ("the Act") that was granted on 30 September 2010. He has not held a licence under the Act. 2The determination, dated 23 June 2012, was made under section 198 of the Act and was in the following terms: "[C]oncerning Rakesh Soni Kumar (aka Roni Soni): In accordance with section 192(1)(g) of the Act, I cancel the certificate of registration number 1661925 held by Rakesh Soni Kumar; In accordance with section 192(1)(h) of the Act, I declare Rakesh Soni Kumar to be a disqualified person for the purposes of the Act for a period of five (5) years; and In accordance with section 192(1)(i) of the Act, I also disqualify Rakesh Soni Kumar from being involved in the direction, management or conduct of the business of a licensee for a period of five (5) years." 3This determination was stated to take effect 14 days from the date of the determination. 4The Respondent also took action in relation to the licences held under the Act by Ms Rajni Kumar (aka Raj Soni) and The Soni Group Pty Ltd ("the Corporation"). 5The Corporation carried on business under the registered business name of Ray White Wentworthville ("the agency"). 6Ms Kumar held a real estate agents licence under the Act that was granted on 12 March 2010. She was the licensee in charge of the agency after being appointed on 13 March 2010. She is also a joint director of the Corporation after having been appointed on 16 September 2009. 7Mr Ice Stefanovski and Ms Francesca Totaro were shareholders in the Corporation and were in dispute with Ms Kumar. This dispute was resolved when Ms Kumar agreed to pay an amount of money with respect to their share in the company. 8Applications were brought in relation to the determinations in regard to the licences held by the Corporation and Ms Kumar. The three matters were heard together and evidence in one matter was considered as evidence in the others. The applications brought by the Corporation and Ms Kumar were subsequently discontinued. I note however that the evidence that was presented tends to support the Respondent's contentions in regard to the Corporation and Ms Kumar. 9The remaining matter for determination is therefore that concerning the Applicant.