Livaja v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2020] NSWCATOD 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Livaja v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2020] NSWCATOD 17 Hearing dates: 17 July 2019 Date of orders: 24 February 2020 Decision date: 24 February 2020 Jurisdiction: Occupational Division Before: D Dinnen, Senior Member Decision: The Respondent's decision is affirmed. Catchwords: ADMINISTRATIVE REVIEW – occupational licensing - real estate salesperson – conviction for dishonesty –– disqualified person – whether offence should be ignored – whether triviality of acts or ommissions – whether of sufficient passage of time – whether fit and proper Legislation Cited: Administrative Decisions Review Act 1997 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Licensing and Registration (Uniform Procedures) Act 2002 Property, Stock and Business Agents Act 2002 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33 Barber v Law Society of NSW (No 2) [2001] NSWSC 361 Bek v Commissioner for Fair Trading [2004] NSWADT 149 Commissioner for Fair Trading, NSW Office of Fair Trading v O'Connor (GD) [2007] NSWADTAP 37 Doja v R [2009] NSWCCA 303 Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23 Gambino v Commissioner for NSW Fair Trading [2014] NSWCATOD 135 Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28 Hunt v Director General, Department of Services Technology and Administration [2010] NSWADT 186 Kortman and Attorney-General's Department [2010] AATA 1074 Pollard v Commonwealth Director of Public Prosecutions (1992) 28 NSWLR 659 Project Blue Sky v The Australian Broadcasting Authority (1998) 194 CLR 355 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Wilson v Commissioner for NSW Fair Trading [2014] NSWCATOD 79 Texts Cited: None cited Category: Principal judgment Parties: Antonio Livaja (Applicant) Commissioner for Fair Trading, Department of Finance, Service and Innovation (Respondent) Representation: Solicitors: Applicant (Self Represented) Legal Services Fair Trading (Respondent) File Number(s): 2019/00131738 Publication restriction: Nil