FGL v Commissioner for Fair Trading [2022] NSWCATOD 29

FGL v Commissioner for Fair Trading [2022] NSWCATOD 29

The correct and preferable decision was to refuse the certificate because, although FGL had positive evidence of rehabilitation and did not deliberately conceal his conviction, the drug supply conviction was serious, the community correction order had ended only about two weeks before the hearing, further time was required to demonstrate fitness and propriety, and his failure to disclose the conviction showed insufficient knowledge, care and appreciation of the ethical and professional standards required of an assistant real estate agent.

Jurisdiction
Australia
Judgment Date
02 March 2022
Procedural Posture
Administrative Review of Refusal to Grant a Certificate of Registration as an Assistant Real Estate Agent / Final Decision After Hearing
Outcome
The decision to refuse to grant FGL a certificate of registration is affirmed.
Legal Topics
['certificate of Registration as Assistant Real Estate Agent' 'fit and Proper Person' 'criminal Conviction' 'non Disclosure to Regulator' 'community Correction Order']
['administrative Law' 'occupational Licensing' 'property and Stock Agents Regulation'] ['certificate of Registration as Assistant Real Estate Agent' 'fit and Proper Person' 'criminal Conviction' 'non Disclosure to Regulator' 'community Correction Order']

Case Brief

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Procedural Posture

Administrative Review of Refusal to Grant a Certificate of Registration as an Assistant Real Estate Agent / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether FGL was a fit and proper person to hold a certificate of registration as an assistant real estate agent under the Property and Stock Agents Act 2002.' "Whether FGL's conviction for supplying a prohibited drug and recent completion of a community correction order precluded satisfaction that he was fit and proper." "Whether FGL's failure to disclose his criminal conviction in the application form was relevant to his fitness and propriety."]

Ratio Decidendi

The correct and preferable decision was to refuse the certificate because, although FGL had positive evidence of rehabilitation and did not deliberately conceal his conviction, the drug supply conviction was serious, the community correction order had ended only about two weeks before the hearing, further time was required to demonstrate fitness and propriety, and his failure to disclose the conviction showed insufficient knowledge, care and appreciation of the ethical and professional standards required of an assistant real estate agent.

Court Disposition

The decision to refuse to grant FGL a certificate of registration is affirmed.

Orders

  • ["The decision of the Commissioner to refuse FGL's application for a certificate of registration is affirmed." 'Publication of the name of the Applicant or any information or other material that identifies the Applicant or is likely to lead to the identification of the Applicant is prohibited under section 64(1) of...