Cooper v Commissioner for Fair Trading [2016] NSWCATOD 15

Cooper v Commissioner for Fair Trading [2016] NSWCATOD 15

The correct and preferable decision was to affirm the refusal because, although Mr Cooper disclosed his convictions, had no other criminal history, and there was character evidence in his favour, his convictions for serious offences against a minor, the circumstances involving breach of trust, the continuing good...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 February 2016
Procedural Posture
Administrative Review of Refusal of Certificate of Registration as a Strata Manager / Tribunal Review of Internal Review Decision
Outcome
Decision of the Respondent is affirmed
Legal Topics
['fit and Proper Person' 'certificate of Registration' 'strata Manager' 'criminal Convictions' 'good Behaviour Bond' 'remorse and Rehabilitation']
['administrative Law' 'occupational Licensing' 'property and Strata Management Regulation'] ['fit and Proper Person' 'certificate of Registration' 'strata Manager' 'criminal Convictions' 'good Behaviour Bond' 'remorse and Rehabilitation']

Source-derived case record

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Procedural Posture

Administrative Review of Refusal of Certificate of Registration as a Strata Manager / Tribunal Review of Internal Review Decision

Legal Issues

  1. 1 ['Whether Mr Cooper was a fit and proper person to hold a certificate of registration as a strata manager under the Property Stock and Business Agents Act 2002.' "What weight should be given to Mr Cooper's convictions for acts of indecency on a person under 16 outside Australia, his sentence, and his continuing good behaviour bond." "Whether Mr Cooper's lack of remorse or evidence of rehabilitation prevented the Tribunal from attesting to his fitness and propriety." "Whether Mr Cooper's failure to disclose his dismissal from the Commonwealth Public Service showed a lack of candour or honesty."]

Ratio Decidendi

The correct and preferable decision was to affirm the refusal because, although Mr Cooper disclosed his convictions, had no other criminal history, and there was character evidence in his favour, his convictions for serious offences against a minor, the circumstances involving breach of trust, the continuing good behaviour bond, and the absence of remorse or independent evidence of rehabilitation meant the Tribunal could not presently attest that he was a fit and proper person to be registered as a strata manager.

Court Disposition

Decision of the Respondent is affirmed

Orders

  • ['The decision under review is affirmed']