EBP v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATOD 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EBP v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATOD 157 Hearing dates: 15 July 2019 Date of orders: 11 October 2019 Decision date: 11 October 2019 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE REVIEW – occupational licensing - real estate – conviction for dishonesty – whether criminal conviction can be contested in tribunal proceedings – whether applicant a disqualified person – whether fit and proper – whether non-publication order should be made Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 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 Council of the Law Society of New South Wales v Bharati [2010] NSWADT 159 Delmege v Director General NSW Fair Trading [2013] NSWADT 269 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Hunt v Commissioner for Trading [2008] NSWADT 280 McGrath v Commissioner of Police, NSW Police Force [2019] NSWCATAD 98 Minister for Immigration and Multicultural Affairs v Ali (2000) 106 FCR 313 Minister for Immigration & Multicultural Affairs v SRT (1999) 91 FCR 234 Parvin v Commissioner for Fair Trading [2005] NSWADT 34 Song v Commissioner for Fair Trading NSW Office of Fair Trading [2006] NSWADT 218 Category: Principal judgment Parties: EBP (Applicant) Commissioner for Fair Trading, Department of Finance, Services and Innovation (Respondent) Representation: Counsel: R Tripodi (Respondent)