Saul v Department of Fair Trading [2019] NSWCATAD 161

Saul v Department of Fair Trading [2019] NSWCATAD 161

The applicant repeatedly failed to disclose relevant previous convictions and other names in applications for licences, provided unconvincing and inconsistent explanations, and did not demonstrate the necessary candour, integrity, or responsibility; thus, she is not currently a fit and proper person to hold a licence or certificate under the relevant legislation.

Parties
Applicant: Maryellen Saul; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
14 August 2019
Procedural Posture
Administrative Review / Final Merits Review Decision
Outcome
The decision under review is affirmed.
Legal Topics
Disciplinary Action, Real Estate Licensing, Fit and Proper Person Test
Administrative Law Disciplinary Action Real Estate Licensing Fit and Proper Person Test

Case Brief

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Parties

Maryellen Saul

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Final Merits Review Decision

Legal Issues

  1. 1 Whether the applicant is a fit and proper person to hold a licence or certificate under the Property Stock and Business Agents Act 2002 (NSW)

Ratio Decidendi

The applicant repeatedly failed to disclose relevant previous convictions and other names in applications for licences, provided unconvincing and inconsistent explanations, and did not demonstrate the necessary candour, integrity, or responsibility; thus, she is not currently a fit and proper person to hold a licence or certificate under the relevant legislation.

Court Disposition

The decision under review is affirmed.

Orders

  • The decision under review is affirmed.