Jureidini v Commissioner for Fair Trading [2008] NSWADT 234

Jureidini v Commissioner for Fair Trading [2008] NSWADT 234

While the applicant has demonstrated rehabilitation and integrity in his recent professional dealings, he has not shown sufficient experience or ability to justify removal of all restrictions. Accordingly, the supervision condition is removed but replaced with a condition prohibiting the applicant from exercising functions under the licence other than as an employee of a licensee without such a condition, maintaining public protection.

Jurisdiction
Australia
Judgment Date
22 August 2008
Procedural Posture
External Review Application / Decision on Review
Outcome
Varied
Legal Topics
['real Estate Licensing' 'fit and Proper Person' 'licence Conditions' 'professional Rehabilitation']
['administrative Law' 'real Property Law'] ['real Estate Licensing' 'fit and Proper Person' 'licence Conditions' 'professional Rehabilitation']

Case Brief

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Procedural Posture

External Review Application / Decision on Review

Legal Issues

  1. 1 ["Whether the applicant is a fit and proper person to have the 'supervision' condition removed from his real estate agent's licence" "Whether evidence of rehabilitation is sufficient to justify removal of the 'supervision' condition"]

Ratio Decidendi

While the applicant has demonstrated rehabilitation and integrity in his recent professional dealings, he has not shown sufficient experience or ability to justify removal of all restrictions. Accordingly, the supervision condition is removed but replaced with a condition prohibiting the applicant from exercising functions under the licence other than as an employee of a licensee without such a condition, maintaining public protection.

Court Disposition

Varied

Orders

  • ['The decision under review is varied.' "The 'supervision' condition is removed from Mr Jureidini's licence." 'In its place, the licence is subject to the condition that he may only exercise functions as an employee of a licensee without such a condition.']