Teague v Commissioner for Fair Trading [2024] NSWCATOD 90

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

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Procedural Posture

Administrative Review / Tribunal Hearing and Decision

  1. 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.']