Porter v Director-General, Department of Finance and Services [2013] NSWADT 211

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Porter v Director-General, Department of Finance and Services [2013] NSWADT 211 Hearing dates: 31 October 2012, 12 March 2013, 5 June 2013, 12 June 2013, 17 July 2013 Decision date: 27 September 2013 Jurisdiction: General Division Before: S Leal, Judicial Member Decision: The decision under review is set aside Catchwords: Real estate licensing - whether disqualified person - whether fit and proper to hold a licence - whether "fit and proper person to be involved in the direction, management or conduct of the business of a licensee". Legislation Cited: Administrative Decisions Tribunal Act 1997, Property, Stock and Real Estate Act 2002 Cases Cited: McDonald v Director General of Social Security (1984) 1 FCR 354 Category: Principal judgment Parties: Peta Jennifer Porter (Applicant) Director-General, Department of Finance and Services (Respondent) Representation: Counsel: Mr Rogers (Applicant) Solicitors: Harrington, Maguire & O'Brien (Applicant) M Nicoletti (Respondent) File Number(s): 123250

reasons for decision

Introduction 1The applicant, Mrs Peta Jennifer Porter, first obtained a real estate agent's licence in 2005. In 2007, she became a director of the family held company, PMD Central Coast Pty Ltd ('PMD'). NSW Fair Trading appointed a manager to PMD in 2009 and at some point in 2010, Mrs Porter resigned as director of this company. In November 2010, she returned to the family business to work as a real estate agent for PMD. Receivers were appointed to PMD on 21 April 2011 and Mrs Porter began operating as a sole trader, trading as Coastwide Real Estate, in order to take over the business from PMD. On 23 August 2012, NSW Fair Trading made a decision to: * cancel Mrs Porter's real estate agent's licence, on the basis that she was not a fit and proper person to hold such a licence; * declare Mrs Porter to be a disqualified person until 20 April 2014; and * disqualify Mrs Porter from being involved in the 'direction, management and conduct of a business of a licensee' until 20 April 2014. 2Mrs Porter lodged an application for review to this Tribunal. On 6 September 2012 this Tribunal granted a stay of the decisions by NSW Fair Trading to cancel Mrs Porter's licence, to declare her to be a disqualified person and to disqualify her from being involved in the 'direction, management and conduct of a business of a licensee.'