Huynh v Commissioner for Fair Trading [2016] NSWCATOD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Huynh v Commissioner for Fair Trading [2016] NSWCATOD 2 Hearing dates: 16 September 2015 Date of orders: 08 January 2016 Decision date: 08 January 2016 Jurisdiction: Occupational Division Before: K Rosser, Senior Member Decision: 1. The declaration that Mr Huynh is a disqualified person for the purposes of the Property, Stock and Business Agents Act 2002 for a period of six years is set aside. 2. Pursuant to s 192(1)(h) of the Property, Stock and Business Agents Act 2002 Mr Huynh is declared to be a disqualified person for the purposes of the Act until 14 April 2018. 3. The decision under review is otherwise affirmed. 4. The stay order made on 14 July 2015 is lifted. Legislation Cited: Property Stock and Business Agents Act 2002 Property Stock and Business Agents Regulation 2003 Administrative Decisions Review Act 1997 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 McDonald v Director-General of Social Security [1984] FCA 57; (1984) 1 FCR 354, 357 Hughes & Vale Pty Ltd v State of New South Wales [1955] HCA 28; (1955) 93 CLR 127 Sobey v Commercial and Private Agents Board [1979] 22 SASR 70 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 McBride v Walton (NSW Court of Appeal, unreported, 15 July 1994) Rich v ASIC (2004) 220 CLR 129 Gambino v Commissioner for NSW Fair Trading [2014] NSWCATOD 135 Director General, Department of Finance and Services v Carr (GD) [2011] NSWADTAP 64 Category: Principal judgment Parties: Sivan Huynh (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Quy Lawyers (Applicant) NSW Fair Trading (Respondent) File Number(s): 1520125