Bobroff v Department of Fair Trading [2019] NSWCATOD 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bobroff v Department of Fair Trading [2019] NSWCATOD 122 Hearing dates: 8 July 2019 Date of orders: 14 August 2019 Decision date: 14 August 2019 Jurisdiction: Occupational Division Before: A Scahill, Senior Member Decision: (1) The decision of the Respondent to refuse Mr Bobroff's application for licence as a real estate agent in NSW is affirmed.

(2) The Application is dismissed. Catchwords: Real estate agent licence - fit and proper – res judicata Legislation Cited: Administrative Decisions Review Act 1997 NSW Bankruptcy Act 1966 (Cth) Evidence Act 1995 NSW Licensing and Registration (Uniform Procedures) Act 2002 NSW Property, Stock and Business Agents Act, 2002 NSW Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bobroff and Another v Law Society of the Northern Provinces and Others; In re: Law Society of the Northern Provinces v Bobroff and Others; In re: Law Society of the Northern Provinces v Graham and Others (2066/2016, 61790/2012) [2017] ZAGPPHC 33 (7 February 2017) Boumelis v Building Services Corporation, Commercial Tribunal of New South Wales, unreported 9 June 1995 De La Guerre v Ronald Bobroff & Partners Inc and Others (22645/2011) [2013] ZAGPPHC 33 (13 February 2013) Department of Transport and Infrastructure v Murray (GD) [2011] NSWADTAP 16 Director General, Transport NSW v AIC (GD) [2011] NSWADTAP 65 Dixon v Legal Practice Board of Western Australia [2012] WASC 79 Donaghy v The Council of the Law Society of New South Wales [2013] NSWCA 154 Ex Parte Tzinliolis: Re The Medical Practitioners' Act [1966] 1 NSWR 357 Graham and Others v Law Society of the Northern Provinces and Others (61790/2012) [2014] ZAGPPHC 207 (15 April 2014) Graham v Law Society NP 2014(4) SA 229 (GP) Graham and Another v Ronald Bobroff & Partners and Another (5203/2015) [2015] ZAGPPHC 126 (17 March 2015) Hughes and Vale Pty Ltd v The State of New South Wales (1955) 93 CLR 127 Law Society of the Northern Provinces v Graham and Others (61790/2012) [2016] ZAGPPHC 270 (14 March 2016) Law Society of the Northern Provinces and Others (Road Accident Fund Intervening) v Ronald Bobroff and Partners Inc. and Others (61790/12) [2015] ZAGPPHC 1118 (26 August 2015); Law Society of the Northern Provinces v Bobroff and Others (20066/2016) [2017] 4 All SA 85 (20 July 2017) Law Society of the Northern Provinces v Bobroff and Others (2066/2016) [2017] ZAGPPHC 704; [2017] 4 All SA 85 (GP) (20 July 2017) Law Society of the Northern Provinces v Graham and Others (61790/2012) [2016] ZAGPPHC 270 (14 March 2016) Ramsay Health Care Australia Pty Ltd v Adrian John Compton [2017] HCA 28 Ronald Bobroff and Partners Inc and Others v Vivian (2013/27388) [2014] ZAGPJHC 220 (30 June 2014) Ronald Bobroff and Partners Inc and Others v Motara and Others; In re: Motara v Ronald Bobroff and Partners Inc. and Others (995/2015) [2016] ZAGPJHC 293 (21 October 2016) Saadieh v Director General, Department of Transport [1999] NSWADT 68 Sobey v Commercial and Private Agents Board 20 SASR 70 YG & GG v. Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: Darren Bobroff (Applicant) Department of Fair Trading (Respondent) Representation: Counsel: Ms New (Respondent)