Kearns v Commissioner for Fair Trading [2022] NSWCATOD 65

Kearns v Commissioner for Fair Trading [2022] NSWCATOD 65

The application for review was made 2 months and 23 days late and the applicant did not meet the qualifications for a class 1 real estate agent's licence under the applicable law. There was no reasonably arguable case for success if the extension was granted, so the extension of time was refused.

Source-derived case information.

Parties
Applicant: Sally-Anne Kearns; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
20 June 2022
Procedural Posture
Administrative Review / Application for Extension of Time
Outcome
Application for extension of time dismissed
Legal Topics
Extension of Time, Real Estate Agents Licence, Review of Decision Refusing Licence
Administrative Law Extension of Time Real Estate Agents Licence Review of Decision Refusing Licence

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Parties

Sally-Anne Kearns

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to apply for administrative review of a decision refusing a real estate agent's licence

Ratio Decidendi

The application for review was made 2 months and 23 days late and the applicant did not meet the qualifications for a class 1 real estate agent's licence under the applicable law. There was no reasonably arguable case for success if the extension was granted, so the extension of time was refused.

Court Disposition

Application for extension of time dismissed

Orders

  • A hearing of the extension of time application is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013.
  • The application for an extension of time is dismissed.