Chan v Commissioner of Fair Trading [2014] NSWCATOD 133

Chan v Commissioner of Fair Trading [2014] NSWCATOD 133

Neither applicant nor the corporation was carrying on business after the expiration of their licences; mere maintenance of the trust account did not constitute carrying on business. There was reasonable excuse under the Supreme Court orders for not forwarding or dealing with the trust funds. No breach of sections 8, 9, or 37, nor Rules of Conduct was established as to the relevant times.

Jurisdiction
Australia
Judgment Date
14 November 2014
Procedural Posture
Administrative Review / Final Merits Determination
Outcome
Respondent's decisions set aside.
Legal Topics
['licensing' 'strata Management Agents' 'disciplinary Action' 'rules of Conduct']
['administrative Law' 'occupational Regulation'] ['licensing' 'strata Management Agents' 'disciplinary Action' 'rules of Conduct']

Case Brief

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Procedural Posture

Administrative Review / Final Merits Determination

Legal Issues

  1. 1 ['Whether applicants breached sections 8 and 9 of the Property Stock and Business Agents Act 2002 by carrying on business without a licence' 'Whether applicants breached section 37 and Rules of Conduct (Rules 2, 4, 6) under the Act' 'Whether disciplinary action and penalties imposed by respondent were legally correct']

Ratio Decidendi

Neither applicant nor the corporation was carrying on business after the expiration of their licences; mere maintenance of the trust account did not constitute carrying on business. There was reasonable excuse under the Supreme Court orders for not forwarding or dealing with the trust funds. No breach of sections 8, 9, or 37, nor Rules of Conduct was established as to the relevant times.

Court Disposition

Respondent's decisions set aside.

Orders

  • ['Decision to reprimand and impose monetary penalty on applicants set aside' 'Disciplinary action against Jenner Ching Mei Chan and Kit Man Chan set aside']