Wilson v The Commissioner For NSW Fair Trading [2014] NSWCATOD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wilson v The Commissioner For NSW Fair Trading [2014] NSWCATOD 79 Hearing dates: 4 July 2014 Decision date: 21 July 2014 Jurisdiction: Occupational Division Before: Naida Isenberg, Senior Member Decision: 1. The decision under review to refuse the applicant a certificate of registration as a real estate salesperson under the Property, Stock and Business Agents Act 2002 is set aside, and in substitution the decision is made that the certificate be granted. Catchwords: real estate salesperson - offences - time since committed - whether trivial Legislation Cited: Property, Stock and Business Agents Act 2002 Cases Cited: Commissioner for Fair Trading, NSW Office of Fair Trading v O'Connor (GD) [2007] NSWADTAP 37 Hunt v Director General, Department of Services Technology and Administration [2010] NSWADT 186 Parvin v Commissioner for Fair Trading [2005] NSWADT 34 Nizhnikov v Commissioner for Fair Trading [2006] NSWADT 284 Song v Commissioner for Fair Trading NSW Office of Fair Trading [2006] NSWADT 218 Bek v Commissioner for Fair Trading [2004] NSWADT 149 Category: Principal judgment Parties: Sam Wilson (Applicant ) Commissioner For Fair Trading (Respondent) Representation: T Murray (Applicant ) S Robosa, Department of Fair Trading (Respondent) File Number(s): 1420126

reasons for decision 1Sam Wilson, the applicant, applied for a certificate of registration as a real estate salesperson ("certificate") under the Property, Stock and Business Agents Act 2002 ("PSBA Act"). His application was refused by the Respondent and upon internal review. He seeks review by this Tribunal.