Hinde v Commissioner for Fair Trading [2008] NSWADT 219

Hinde v Commissioner for Fair Trading [2008] NSWADT 219

Mr Hinde is a disqualified person as defined in the statute because he is an undischarged bankrupt and the evidence does not establish that he took all reasonable steps to avoid bankruptcy. Therefore, the Commissioner’s decision to refuse the renewal of his real estate licence must be affirmed.

Parties
Applicant: Jeffrey James Hinde; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
11 August 2008
Procedural Posture
Administrative Review / Merits Review/tribunal Decision
Outcome
Commissioner's decision affirmed; application dismissed
Legal Topics
Real Estate Licensing, Character Fitness, Bankruptcy and Disqualification
Administrative Law Property Law Real Estate Licensing Character Fitness Bankruptcy and Disqualification

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Parties

Jeffrey James Hinde

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Merits Review/tribunal Decision

Legal Issues

  1. 1 Whether Mr Hinde is a disqualified person under section 16(1A)(a) of the Property, Stock and Business Agents Act 2002
  2. 2 Whether Mr Hinde took all reasonable steps to avoid bankruptcy so as to qualify for an exemption under section 16(2B)
  3. 3 Whether, absent the disqualification, Mr Hinde is a fit and proper person to hold a real estate licence

Ratio Decidendi

Mr Hinde is a disqualified person as defined in the statute because he is an undischarged bankrupt and the evidence does not establish that he took all reasonable steps to avoid bankruptcy. Therefore, the Commissioner’s decision to refuse the renewal of his real estate licence must be affirmed.

Court Disposition

Commissioner's decision affirmed; application dismissed

Orders

  • The decision of the Commissioner of Fair Trading is affirmed