Dosovic v Commissioner of Fair Trading [2023] NSWCATOD 58

Dosovic v Commissioner of Fair Trading [2023] NSWCATOD 58

The Applicant's repeated drug-related convictions and other offending over approximately three years, including further drug possession only days after earlier convictions and after expiry of a Community Correction Order, established a serious and consistent disregard for the law, lack of control, and inability to exercise good judgment. The Tribunal was entitled to consider the whole of the relevant conduct, including conduct predating the initial licence and conduct underlying a charge later set aside. The character references and asserted contrition did not persuade the Tribunal that the Applicant had improved his character and conduct, and hardship had little bearing on fitness and...

Jurisdiction
Australia
Judgment Date
10 May 2023
Procedural Posture
Administrative Review of Refusal to Renew a Class 2 Real Estate Licence Under the Property and Stock Agents Act 2002 (nsw) / Principal Judgment; Decision Under Review Affirmed
Outcome
The decision under review is affirmed.
Legal Topics
['administrative Review' 'property and Stock Agents Act 2002 (nsw)' 'real Estate Agent Licence Renewal' 'fit and Proper Person' 'criminal Conduct and Occupational Licensing']
['administrative Law' 'occupational Licensing' 'real Estate Regulation'] ['administrative Review' 'property and Stock Agents Act 2002 (nsw)' 'real Estate Agent Licence Renewal' 'fit and Proper Person' 'criminal Conduct and Occupational Licensing']

Case Brief

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Procedural Posture

Administrative Review of Refusal to Renew a Class 2 Real Estate Licence Under the Property and Stock Agents Act 2002 (nsw) / Principal Judgment; Decision Under Review Affirmed

Legal Issues

  1. 1 ['Whether the Applicant was a fit and proper person to hold a real estate licence for the purposes of s 14(1)(b) of the Property and Stock Agents Act 2002 (NSW).' 'Whether the Tribunal should consider criminal charges and conduct that pre-dated the grant of the initial licence or charges that did not result in a subsisting conviction.' "Whether the correct and preferable decision was to affirm the refusal to renew the Applicant's licence under s 19 of the Property and Stock Agents Act 2002 (NSW)."]

Ratio Decidendi

The Applicant's repeated drug-related convictions and other offending over approximately three years, including further drug possession only days after earlier convictions and after expiry of a Community Correction Order, established a serious and consistent disregard for the law, lack of control, and inability to exercise good judgment. The Tribunal was entitled to consider the whole of the relevant conduct, including conduct predating the initial licence and conduct underlying a charge later set aside. The character references and asserted contrition did not persuade the Tribunal that the Applicant had improved his character and conduct, and hardship had little bearing on fitness and...

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed.']