Commissioner of Fair Trading v PSMG Pty Ltd [2025] NSWCATAP 34

Commissioner of Fair Trading v PSMG Pty Ltd [2025] NSWCATAP 34

The Tribunal committed errors of law by failing to engage with and resolve uncertainty as to the interaction between s 9 and s 126 of the Property and Stock Agents Act 2002 (NSW) regarding the appointment and powers of a manager after licence cancellation, and by not addressing submissions made by the administrator as required by s 60(3) of the Administrative Decisions Review Act 1997 (NSW). Accordingly, the appeal was allowed, the Tribunal's order set aside, and a substituted stay order granted pending the determination of the administrative review application, considering the interests of affected persons, seriousness of alleged misconduct, and the public interest.

Parties
Appellant: Commissioner of Fair Trading; First Respondent: PSMG Pty Ltd; Second Respondent: Whitney Hong Wang
Jurisdiction
Australia
Judgment Date
18 February 2025
Procedural Posture
Appeal / Leave to Appeal and Appeal From Interlocutory Decision on Stay Application
Outcome
Appeal allowed. Leave to appeal granted. Decision of Tribunal below set aside and substituted order made.
Legal Topics
Stay Applications, Disciplinary Action Against Licensees, Appointment of Manager for Cancelled Licensee Business, Statutory Interpretation, Public Interest in Tribunal Proceedings
Administrative Law Property Law Stay Applications Disciplinary Action Against Licensees Appointment of Manager for Cancelled Licensee Business Statutory Interpretation Public Interest in Tribunal Proceedings

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Parties

Commissioner of Fair Trading

Appellant

PSMG Pty Ltd

First Respondent

Whitney Hong Wang

Second Respondent

Procedural Posture

Appeal / Leave to Appeal and Appeal From Interlocutory Decision on Stay Application

Legal Issues

  1. 1 Whether the Tribunal had proper regard to mandatory considerations under s 60(3) of the Administrative Decisions Review Act 1997 (NSW) in granting a stay of licence cancellation
  2. 2 Whether the Tribunal failed to engage with submissions as to the effect of appointment of manager under s 126 of the Property and Stock Agents Act 2002 (NSW)
  3. 3 Whether an error of law was committed by failing to resolve statutory uncertainty between s 9 and s 126 of the Property and Stock Agents Act 2002 (NSW)

Ratio Decidendi

The Tribunal committed errors of law by failing to engage with and resolve uncertainty as to the interaction between s 9 and s 126 of the Property and Stock Agents Act 2002 (NSW) regarding the appointment and powers of a manager after licence cancellation, and by not addressing submissions made by the administrator as required by s 60(3) of the Administrative Decisions Review Act 1997 (NSW). Accordingly, the appeal was allowed, the Tribunal's order set aside, and a substituted stay order granted pending the determination of the administrative review application, considering the interests of affected persons, seriousness of alleged misconduct, and the public interest.

Court Disposition

Appeal allowed. Leave to appeal granted. Decision of Tribunal below set aside and substituted order made.

Orders

  • Leave to appeal granted.
  • Appeal allowed.