Do v Commissioner of Fair Trading [2016] NSWCATOD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Do v Commissioner of Fair Trading [2016] NSWCATOD 79 Hearing dates: 30 March 2016, 7 June 2016 Date of orders: 21 June 2016 Decision date: 21 June 2016 Jurisdiction: Occupational Division Before: Prof G Walker, Senior Member Decision: Extension of time under s 41 refused. Catchwords: REAL ESTATE LICENCE- Application for review – extension of time to lodge -- principles governing exercise of power – explanation for delay – fit and proper person – disqualified person. WORDS AND PHRASES – "offence involving dishonesty". Legislation Cited: Civil and Administrative Tribunal Act 2013; Property, Stock and Business Agents Act 2002. Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33, (1990) 170 CLR 321; Bek v Commissioner of Fair Trading [2004] NSWADT 149; Harries v Commissioner of Fair Trading, New South Wales Office of Fair Trading [2006] NSWADT 203; Hunter Valley Developments Pty Ltd v Cohen (1984) 7 ALD 315; Jackson v New South Wales Land and Housing Corporation [2014] NSWADTAP 22; Joyce v Commissioner of Police, New South Wales Police Service [2000] NSWADT 17; Parvin v Commissioner of Fair Trading [2005] NSWADT 34; Pollard v Commonwealth Director Of Public Prosecutions (1992) 28 NSWLR 659; Prothonotary of the Supreme Court of New South Wales v Livanes [2012] NSWCA 325; Salmon v Department of Justice (Corrective Services New South Wales) [2016] NSWCATAP 122; Yelland v Commissioner of Fair Trading [2005] NSWADT 293. Category: Procedural and other rulings Parties: Hoang Thinh Do (Applicant) Commissioner of Fair Trading (respondent) Representation: Counsel: L Katsinos (Applicant) on the first day of hearing; applicant in person on the second day.