Porter v Department of Finance and Services [2014] NSWCATOD 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Porter v Department of Finance and Services [2014] NSWCATOD 93 Hearing dates: 28 May 2014 Decision date: 19 August 2014 Jurisdiction: Occupational Division Before: S Leal, Senior Member Decision: Pursuant to section 192(1)(a) of the Property, Stock and Business Agents Act 2002 (NSW), the Applicant is cautioned in respect of: (a) the contraventions of sections 43 and 86 of the Act and clause 21 of the Property Stock and Business Agents Regulation 2003 (NSW) as found in the decision of Porter v Director-General, Department of Finance and Services [2013] NSW ADT 211; and (b) the contravention of clause 13B of the Property Stock and Business Agents Regulation 2003. Catchwords: Real estate agents - penalty for breach of Property, Stock and Business Agents Act 2002 (NSW) - penalty for breach of Property Stock and Business Agents Regulations 2003 - applicant cautioned Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Property, Stock and Business Agents Act 2002 (NSW) Property, Stock and Business Agents Regulations 2003 (NSW) Cases Cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Director General, Department of Finance and Services v Porter [2014] NSWCATAP 6 Porter v Director-General, Department of Finance and Services [2013] NSWADT 211 Category: Principal judgment Parties: Peta Jennifer Porter Department of Finance and Services Representation: Counsel M Nicoletti, Solicitor (Appellant) A Rogers, Counsel (Respondent) NSW Fair Trading Legal Services (Appellant) Harrington, Maguire & O'Brien (Respondent) File Number(s): 1420141