Farah v Director General, Department of Finance and Services [2014] NSWCATOD 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Farah v Director General, Department of Finance and Services [2014] NSWCATOD 112 Hearing dates: 1 September 2014 Decision date: 10 October 2014 Jurisdiction: Occupational Division Before: S Frost, Senior Member Decision: 1. Set aside the Respondent's decision to cancel the Applicant's real estate agent's licence. 2. Remit the matter to the Respondent for reconsideration in accordance with the direction that the Applicant is a fit and proper person to hold such a licence Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal - real estate agent licensing - fit and proper person Legislation Cited: Property, Stock and Business Agents Act 2002 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Farah v Director General, Department of Finance and Services [2013] NSWADT 197 Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23 Hughes & Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 Category: Principal judgment Parties: Glenn George Farah (Applicant) Director General, Department of Finance and Services (Respondent) Representation: Counsel M Pesman SC (Applicant) P Griffin (Respondent) Bay Legal (Applicant) NSW Fair Trading Legal Services (Respondent) File Number(s): 1420203

reasons for decision

Introduction 1The issue before the Tribunal is whether the Applicant, Glenn Farah, is a fit and proper person to hold a real estate agent's licence. 2Previously, the Administrative Decisions Tribunal (ADT) had held that Mr Farah was a "disqualified person" for the purposes of the Property, Stock and Business Agents Act 2002 (the Agents Act) because of his conviction in 2011 for money laundering: Farah v Director General, Department of Finance and Services [2013] NSWADT 197. The ADT had concluded that the money laundering offence was an offence "involving dishonesty" and that led to Mr Farah's being a "disqualified person" within s 16(1)(a) of the Agents Act. 3An Appeal Panel of this Tribunal upheld Mr Farah's appeal against the ADT decision: Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23. The Appeal Panel concluded that the money laundering offence was not an offence "involving dishonesty". The question of Mr Farah's fitness and propriety to hold a real estate agent's licence, not determined by the ADT at first instance, was remitted to this Tribunal for determination. 4I have decided that Mr F is a fit and proper person to hold a real estate agent's licence and that his licence should be restored. These are my reasons.