Chan v Commissioner of Fair Trading [2014] NSWCATOD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chan v Commissioner of Fair Trading [2014] NSWCATOD 133 Hearing dates: 28 July 2014 Decision date: 14 November 2014 Jurisdiction: Occupational Division Before: A Scahill, Senior Member Decision: Respondent's decisions set aside. Catchwords: Carrying on business, Rules of Conduct Legislation Cited: Corporations Act 2001 Property Stock and Business Agents Act 2002 Property, Stock and Business Agents Regulation 2003 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 Hyde v Sullivan (1956) 56 CR (NSW) 113 McDonald V Director-General of Social Security [1984] FCA 57; (1984) 1 FCR 354, 357 Category: Principal judgment Parties: Jenner Ching Mei Chan (Applicant 1420121)) Kit Man Chan (Applicant 1420120) Commissioner for Fair Trading Respondent Representation: McGrath Dicembre and Company (Applicant) J Cross, Department of Fair Trading (Respondent) File Number(s): 1420120 and 1420121

reasons for decision 1This matter consists of 2 applications for review arising out of the same set of circumstances. Jenner Ching Mei Chan and her son Kit Man Chan are seeking review of decisions made by the Respondent arising out of their roles with Axiom Property Consulting Pty Limited. The Corporation was involved in strata management. 2On 1st August 2013 the Respondent issued Show Cause Notices to each of the Applicants giving them the opportunity to show cause why disciplinary action should not be taken against them. The Applicants responded through their legal representatives on 22nd August 2013. 3The Respondent issued Determinations to take disciplinary action against each of the Applicants on 25 October 2013. 4The Applicants sought internal review of these determinations by letter from their legal representative on 22nd November 2013. 5On 7th February 2014 the Respondent made a decision on internal review in relation to Ms Jenner Chan, affirming the Determination of 25th October 2013 to reprimand Ms Chan, in accordance with section 192(1) (a) of the Property Stock & Business Agents Act 2002 ("the Act") and to impose a monetary penalty of twenty penalty units (currently equating to $2200) on her. Ms Chan seeks review of this decision. 6On 7th February 2014 the Respondent made a decision on internal review in relation to Kit Man Chan to affirm the determination to reprimand him in accordance with section 192(1)(a) of the Property Stock & Business Agents Act 2002 ("the Act"). Mr Chan seeks review of this decision.