Fearon v Commissioner for Fair Trading [2025] NSWCATAD 44

Fearon v Commissioner for Fair Trading [2025] NSWCATAD 44

The Tribunal determined that the dishonesty offence (larceny conviction) should be ignored under s 16(2) of the Property and Stock Agents Act 2002 (NSW) due to the triviality of the acts, and found that Ms Fearon is a fit and proper person to hold a licence, as there was no evidence of ongoing dishonesty, lack of integrity or inability to perform required duties. Consequently, licence renewals should be granted to both applicants.

Parties
First Applicant: Rebecca Fearon; Second Applicant: Rebecca Fearon Pty Ltd; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
17 February 2025
Procedural Posture
Administrative Review / Final Merits Determination
Outcome
licence renewal applications granted
Legal Topics
Real Estate Licensing, Fit and Proper Person, Disqualified Person, Triviality of Offence, Renewal of Real Estate Licences
Administrative Law Real Estate Licensing Fit and Proper Person Disqualified Person Triviality of Offence Renewal of Real Estate Licences

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Parties

Rebecca Fearon

First Applicant

Rebecca Fearon Pty Ltd

Second Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Final Merits Determination

Legal Issues

  1. 1 Whether Ms Fearon is a disqualified person under the Property and Stock Agents Act 2002 (NSW)
  2. 2 Whether Ms Fearon is a fit and proper person to hold a real estate licence
  3. 3 Whether the offence should be ignored under s 16(2) of the Property and Stock Agents Act 2002 (NSW)

Ratio Decidendi

The Tribunal determined that the dishonesty offence (larceny conviction) should be ignored under s 16(2) of the Property and Stock Agents Act 2002 (NSW) due to the triviality of the acts, and found that Ms Fearon is a fit and proper person to hold a licence, as there was no evidence of ongoing dishonesty, lack of integrity or inability to perform required duties. Consequently, licence renewals should be granted to both applicants.

Court Disposition

licence renewal applications granted

Orders

  • The decisions of the Respondent to refuse the applications to renew the real estate licences of Rebecca Fearon and Rebecca Fearon Pty Ltd are set aside.
  • In substitution, the applications are granted.