Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23 Hearing dates: 10 February 2014 Decision date: 27 May 2014 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President P Molony, Senior Member M Bolt, General Member Decision: 1. The Tribunal's decision is set aside. 2. The issue of whether the Appellant is a fit and proper person to hold a licence is remitted to a differently constituted Tribunal to determine with or without the admission of further evidence, at the discretion of the Tribunal. Catchwords: STATUTORY INTERPRETATION - meaning of "offence involving dishonesty"- money laundering offence - whether dishonesty must be involved in the offence itself or whether it is sufficient if dishonest conduct or behaviour is involved in the commission of the offence Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Property Stock and Business Agents Act 2002 (NSW) Criminal Code Act 1995 (Cth) Tow Truck Industry Act 1998 (NSW) Tow Truck Industry Regulation 1999 (NSW) Cases Cited: Barber v Law Society of NSW (No 2) [2001] NSWSC 361 C v Johnson [1967] SASR 279 Chung v R [2007] NSWCCA 231 Doja v R [2009] NSWCCA 303 Joyce v Commissioner of Police, NSW Police Service [200] NSWADT 17 Kortman and Attorney-General's Department [2010] AATA 1074 McCann v Switzerland Insurance Australia Ltd [2000] HCA 65 Pollard v Commonwealth Director of Public Prosecutions (1992) 28 NSWLR 659 Project Blue Sky v The Australian Broadcasting Authority [1998] HCA 28 RTA v Sharp Towing Pty Ltd and Ors (GD) [2008] NSWADTAP 49 R v Ghosh [1982] QB 1053; [1982] 2 All ER 689 Category: Principal judgment Parties: Glenn Farah Director General, Department of Finance and Services Representation: M Pesman (Appellant) Bay Legal (Appellant) File Number(s): 139043 Decision under appeal Jurisdiction: 150005 Citation: [2013] NSWADT 197 Date of Decision: 2013-09-03 00:00:00 Before: S Montgomery, Judicial Member File Number(s): 123303