Maher v Department of Fair Trading [2019] NSWCATOD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Maher v Department of Fair Trading [2019] NSWCATOD 21 Hearing dates: 25 – 26 July 2018; 3 September 2018 Date of orders: 11 February 2019 Decision date: 11 February 2019 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is varied. (2) The Respondent's determination to declare the Applicant to be a disqualified person under the Property, Stock and Business Agents Act 2002 for one year is set aside. (3) The Respondent's determination to cancel the Applicant's real estate agent licence is affirmed. (4) The Respondent's determination to disqualify the Applicant from being involved in the direction, management or conduct of the business of a licensee under the under the Property, Stock and Business Agents Act 2002 for three years is affirmed. Catchwords: ADMINISTRATIVE LAW – Property, Stock and Business Agents Act - Real Estate agent - cancellation of licence - disqualified person - fit and proper person to hold a licence Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Property, Stock and Business Agents Act 2002 Property, Stock and Business Regulations 2014 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409. Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28; [1955] HCA 28; (1955) 93 CLR 127 McDonald v Director-General of Social Security [1984] FCA 57; (1984) 1 FCR 354, 357. Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Texts Cited: Nil Category: Principal judgment Parties: James Maher (Applicant) Department of Fair Trading (Respondent) Representation: Counsel: D New (Respondent)