Nizhnikov v Commissioner for Fair Trading [2006] NSWADT 284

Nizhnikov v Commissioner for Fair Trading [2006] NSWADT 284

Although Mr Nizhnikov did not intend to mislead the Office of Fair Trading and his conduct since release from prison was commendable, only 15 months had passed since his convictions for two serious offences and he remained on a Good Behaviour Bond for assault occasioning actual bodily harm until 2 August 2007. In those circumstances it was too soon to be satisfied that he was a fit and proper person to be granted a certificate of registration as a real estate salesperson, and the public would not expect such a certificate to be granted while those matters remained so recent and the bond was still current.

Jurisdiction
Australia
Judgment Date
03 October 2006
Procedural Posture
Application for Review of a Decision Refusing a Certificate of Registration as a Real Estate Salesperson / Final Decision on Principal Matter
Outcome
The decision under review was affirmed.
Legal Topics
['fit and Proper Person' 'certificate of Registration as a Real Estate Salesperson' 'criminal History' 'good Behaviour Bond' 'property, Stock and Business Agents Act 2002']
['administrative Law' 'occupational Licensing' 'property and Real Estate Regulation'] ['fit and Proper Person' 'certificate of Registration as a Real Estate Salesperson' 'criminal History' 'good Behaviour Bond' 'property, Stock and Business Agents Act 2002']

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Procedural Posture

Application for Review of a Decision Refusing a Certificate of Registration as a Real Estate Salesperson / Final Decision on Principal Matter

Legal Issues

  1. 1 ['Whether Frank Nizhnikov was a fit and proper person to hold a certificate of registration as a real estate salesperson under the Property, Stock and Business Agents Act 2002.' 'Whether his recent criminal convictions and continuing Good Behaviour Bond meant insufficient time had passed to demonstrate rehabilitation.' 'Whether the wording of his application indicated an intention to mislead the Office of Fair Trading about his criminal history.']

Ratio Decidendi

Although Mr Nizhnikov did not intend to mislead the Office of Fair Trading and his conduct since release from prison was commendable, only 15 months had passed since his convictions for two serious offences and he remained on a Good Behaviour Bond for assault occasioning actual bodily harm until 2 August 2007. In those circumstances it was too soon to be satisfied that he was a fit and proper person to be granted a certificate of registration as a real estate salesperson, and the public would not expect such a certificate to be granted while those matters remained so recent and the bond was still current.

Court Disposition

The decision under review was affirmed.

Orders

  • ['The decision under review is affirmed']