Sarkees v Commissioner for Fair Trading [2024] NSWCATOD 208

Sarkees v Commissioner for Fair Trading [2024] NSWCATOD 208

The Tribunal found that, except for the dismissed charge, the Applicant had an unblemished record and there was no psychological or cognitive basis to refuse the application. The Applicant did not knowingly participate in criminal conduct; the charge only alleged she ought to have known. Therefore, the Applicant is a fit and proper person to hold the licence. The decision to refuse renewal was not the correct and preferable decision and was set aside.

Parties
Applicant: Sabrina Sarkees; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
20 August 2024
Procedural Posture
Application for Review of Administrative Decision / Final Hearing and Determination
Outcome
Decision under review is set aside. Application to renew Class 1 real estate licence is granted.
Legal Topics
Licensing, Real Estate Agent, Fit and Proper Person
Administrative Law Occupational Regulation Licensing Real Estate Agent Fit and Proper Person

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Sabrina Sarkees

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Application for Review of Administrative Decision / Final Hearing and Determination

Legal Issues

  1. 1 Whether the Applicant is a fit and proper person to hold a Class 1 real estate licence under the Property and Stock Agents Act 2002
  2. 2 Whether the decision to refuse the renewal of the license should be affirmed, varied, or set aside

Ratio Decidendi

The Tribunal found that, except for the dismissed charge, the Applicant had an unblemished record and there was no psychological or cognitive basis to refuse the application. The Applicant did not knowingly participate in criminal conduct; the charge only alleged she ought to have known. Therefore, the Applicant is a fit and proper person to hold the licence. The decision to refuse renewal was not the correct and preferable decision and was set aside.

Court Disposition

Decision under review is set aside. Application to renew Class 1 real estate licence is granted.

Orders

  • The decision under review is set aside.
  • The Applicant's application to renew her Class 1 real estate licence is granted.