Gambino v Commissioner for NSW Fair Trading [2014] NSWCATOD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gambino v Commissioner for NSW Fair Trading [2014] NSWCATOD 135 Hearing dates: 9 September 2014 Decision date: 18 November 2014 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member Decision: 1. The Commissioner's decision to cancel the applicant's real estate licence is affirmed. 2. The Commissioner's declaration that the applicant is a disqualified person for the purposes of the Property, Stock and Business Agents Act 2002 until 6 February 2023 is set aside. 3. The Commissioner's decision to disqualify the applicant from being involved in the direction, management or conduct of the business of a licensee until 6 February 2023 is set aside. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal - Occupational licensing - Real estate agent's licence - Disqualified person - Offences - Dishonesty offence - Time since committed - Whether trivial - Fit and proper person to hold a licence - Fit and proper person to be involved in the direction, management or conduct of the business of a licensee Legislation Cited: Property, Stock and Business Agents Act 2002 (NSW) Crimes Act 1900 (NSW) Administrative Decisions Review Act 1997 (NSW) Cases Cited: Law Society of NSW v Foreman (1994) 34 NSWLR 408 Barber v Law Society of NSW (No 2) [2001] NSWSC 361 Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23 Wilson v Commissioner for NSW Fair Trading [2014] NSWCATOD 79 Commissioner for Fair Trading, NSW Office of Fair Trading v O'Connor [2007] NSWADTAP 37 Bek v Commissioner for Fair Trading [2004] NSWADT 149 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Hughes and Vale Pty Ltd v New South Wales (No 2) (1955) 93 CLR 127 Kumar v Director General Department of Finance and Services [2013] NSWADT 124 Director General, Department of Finance & Services v Porter [2014] NSWCATAP 6 Ziems v Prothonotary of the Supreme Court of NSW (1957) 97 CLR 279 Fitton v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 72 Delmege v Director General NSW Fair Trading [2013] NSWADT 269 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Prothonotary of the Supreme Court of New South Wales v Nikolaides [2010] NSWCA 73 Prothonotary of the Supreme Court of New South Wales v Da Rocha [2013] NSWCA 151 Bushell v Repatriation Commission (1992) 175 CLR 408 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Brandusoiu v Commissioner of Police, NSW Police Force [2011] NSWADTAP 47 Minister for Immigration & Multicultural Affairs v Ali [2000] FCA 1385 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Director General, Department of Finance and Services v Carr [2011] NSWADTAP 64 Plaintiff M150 of 2013 v Minister for Immigration and Border Protection (2014) 309 ALR 225; (2014) 88 ALJR 735; [2014] HCA 25 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Stojanovic v Commissioner for Fair Trading, New South Wales Office of Fair Trading [2008] NSWADT 109 Category: Principal judgment Parties: Joseph Gerald Gambino (Applicant) Commissioner for NSW Fair Trading (Respondent) Representation: J Gambino (Applicant in person) Commissioner for NSW Fair Trading (Respondent) File Number(s): 1420221