Offner v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2018] NSWCATOD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Offner v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2018] NSWCATOD 22 Hearing dates: 8 February 2018 Date of orders: 21 February 2018 Decision date: 21 February 2018 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: 1. The Respondent's decision to refuse Ms Offner's application for the grant of a certificate of registration under the Property, Stock and Business Agents Act 2002 is set aside.

2. The decision is made that Ms Offner's application for the grant of a certificate of registration under the Property, Stock and Business Agents Act 2002 is granted subject to the condition that she is not to undertake real estate sales. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal - certificate of registration - real estate salesperson - fit and proper person Legislation Cited: Property, Stock and Business Agents Act 2002 Cases Cited: AJO v Director-General of Transport [2012] NSWADT 101 Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Grenfell v Director General Department of Finance and Services [2013] NSWADT 57 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 McEvoy v Director-General of the Department of Fair Trading [2000] NSWLEC 183 Rosenstrauss v Department of Finance and Services [2012] NSWADT 264 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Wilson v The Commissioner for NSW Fair Trading [2014] NSWCATOD 79 Ziems v The Prothonotary of The Supreme Court of New South Wales (1957) 97 CLR 279 Category: Principal judgment Parties: Margaret Offner (Applicant) Commissioner for Fair Trading, Department of Finance, Services and Innovation (Respondent) Representation: M Offner (Applicant in person)