PSMG Pty Ltd v Commissioner for Fair Trading [2024] NSWCATOD 117

PSMG Pty Ltd v Commissioner for Fair Trading [2024] NSWCATOD 117

The Tribunal continued the interim order because, after considering s 60(3) of the Administrative Decisions Review Act 1997, the cancellation decision was likely to affect the Applicants, their employees and client owners corporations; the appointment of a manager involved uncertainty and was not shown to provide effective management pending review; public interest considerations favoured continuity for approximately 150 owners corporations; and the substantive allegations had not yet been tested so it was not possible to conclude that there was a proper basis for the cancellation and disqualification findings.

Jurisdiction
Australia
Judgment Date
05 August 2024
Procedural Posture
Administrative Review of a Decision to Cancel Licences, Reprimand Licence Holders and Disqualify Licence Holders Under the Property and Stock Agents Act 2002 / Interlocutory Application for an Interim Order Affecting the Operation of the Decision Pending Administrative Review
Outcome
Interim order confirmed; the licence cancellation decisions are treated as on foot from 22 July 2024 until further order of the Tribunal.
Legal Topics
['review of Decision by External Decision Maker' 'interim Order' 'stay Order' 'cancellation of Strata Management Licences' 'disqualification Under the Property and Stock Agents Act 2002' "appointment of Manager to Licensee's Business"]
['administrative Law' 'occupational Licensing' 'practice and Procedure'] ['review of Decision by External Decision Maker' 'interim Order' 'stay Order' 'cancellation of Strata Management Licences' 'disqualification Under the Property and Stock Agents Act 2002' "appointment of Manager to Licensee's Business"]

Case Brief

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Procedural Posture

Administrative Review of a Decision to Cancel Licences, Reprimand Licence Holders and Disqualify Licence Holders Under the Property and Stock Agents Act 2002 / Interlocutory Application for an Interim Order Affecting the Operation of the Decision Pending Administrative Review

Legal Issues

  1. 1 ["Whether the interim order treating the applicants' licences as on foot should remain in place until administrative review of the decision is finalised." "Whether the order was desirable having regard to affected persons, the respondent's submissions and the public interest under s 60(3) of the Administrative Decisions Review Act 1997." "Whether the applicants' prospects of success on the application for review supported continuation of the interim order." 'Whether the order was appropriate to secure the effectiveness of the determination of the review application.']

Ratio Decidendi

The Tribunal continued the interim order because, after considering s 60(3) of the Administrative Decisions Review Act 1997, the cancellation decision was likely to affect the Applicants, their employees and client owners corporations; the appointment of a manager involved uncertainty and was not shown to provide effective management pending review; public interest considerations favoured continuity for approximately 150 owners corporations; and the substantive allegations had not yet been tested so it was not possible to conclude that there was a proper basis for the cancellation and disqualification findings.

Court Disposition

Interim order confirmed; the licence cancellation decisions are treated as on foot from 22 July 2024 until further order of the Tribunal.

Orders

  • ['The decisions made on 22 July 2024 to cancel the licences of PSMG Pty Ltd, license number 1688934 and Whitney Hong Wang, licence number 1092361, for all purposes are treated as on foot from 22 July 2024 until further order of the Tribunal.']