Teague v Commissioner for Fair Trading [2024] NSWCATOD 90
The Tribunal was satisfied, despite prior convictions and events, that the Applicant is now a fit and proper person to hold a certificate, having matured, undertaken voluntary counselling, demonstrated remorse, and obtained positive references from referees aware of his offending. The relevant statutory requirements were met and it is the correct and preferable decision to grant the certificate.
- Jurisdiction
- Australia
- Judgment Date
- 17 June 2024
- Procedural Posture
- Administrative Review / Tribunal Hearing and Decision
- Outcome
- Decision under review set aside; Application granted
- Legal Topics
- ['fit and Proper Person Test' 'real Estate Licensing' 'criminal History and Regulatory Decisions']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Administrative Review / Tribunal Hearing and Decision
Legal Issues
- 1 ['Whether the Applicant is a fit and proper person to hold a certificate of registration as an assistant agent under the Property and Stock Agents Act 2002 (NSW)']
Ratio Decidendi
The Tribunal was satisfied, despite prior convictions and events, that the Applicant is now a fit and proper person to hold a certificate, having matured, undertaken voluntary counselling, demonstrated remorse, and obtained positive references from referees aware of his offending. The relevant statutory requirements were met and it is the correct and preferable decision to grant the certificate.
Court Disposition
Decision under review set aside; Application granted
Orders
- ['The decision under review is set aside.' 'The Respondent is to grant the Applicant a certificate of registration as an assistant agent.']
Full Case Text
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