Ellison v Commissioner for Fair Trading [2021] NSWCATAD 228

Ellison v Commissioner for Fair Trading [2021] NSWCATAD 228

The Applicant did not satisfy any pathway for a class 1 real estate agent licence. He had never held a class 1 licence; he had not held a class 2 real estate agent licence, or equivalent real estate agent licence, for at least 2 years; his earlier certificate of registration as a salesperson did not count as holding a class 2 licence; and the transitional pathway in clause 10(4) was unavailable because immediately before commencement he did not hold a real estate agent licence. As the mandatory qualification requirements were not met, ss 14(1)(c) and 19 of the Property and Stock Agents Act 2002 required refusal of the application.

Jurisdiction
Australia
Judgment Date
09 August 2021
Procedural Posture
Administrative Review of Refusal to Grant a Class 1 Real Estate Agent Licence / Review by the Civil and Administrative Tribunal After Internal Review Affirmed the Refusal
Outcome
The decision under review is affirmed.
Legal Topics
['real Estate Agent Licence' 'class 1 Licence' 'transitional Provisions' 'qualification Requirements' 'correct and Preferable Decision']
['administrative Law' 'licensing' 'property and Real Estate Regulation'] ['real Estate Agent Licence' 'class 1 Licence' 'transitional Provisions' 'qualification Requirements' 'correct and Preferable Decision']

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Procedural Posture

Administrative Review of Refusal to Grant a Class 1 Real Estate Agent Licence / Review by the Civil and Administrative Tribunal After Internal Review Affirmed the Refusal

Legal Issues

  1. 1 ['Whether the Applicant had the qualifications required for the issue of a class 1 real estate agent licence under the Property and Stock Agents Act 2002 and the Property and Stock Agents (Qualifications) Order 2019.' 'Whether the Applicant satisfied any pathway in clauses 9 or 10 of the Property and Stock Agents (Qualifications) Order 2019.' 'Whether the transitional provision in clause 10(4) applied to the Applicant.']

Ratio Decidendi

The Applicant did not satisfy any pathway for a class 1 real estate agent licence. He had never held a class 1 licence; he had not held a class 2 real estate agent licence, or equivalent real estate agent licence, for at least 2 years; his earlier certificate of registration as a salesperson did not count as holding a class 2 licence; and the transitional pathway in clause 10(4) was unavailable because immediately before commencement he did not hold a real estate agent licence. As the mandatory qualification requirements were not met, ss 14(1)(c) and 19 of the Property and Stock Agents Act 2002 required refusal of the application.

Court Disposition

The decision under review is affirmed.

Orders

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