Welby Pty Ltd v Commissioner for Fair Trading [2003] NSWADT 249

Welby Pty Ltd v Commissioner for Fair Trading [2003] NSWADT 249

Given the isolated nature and low seriousness of Mr. Goodall's past conviction and subsequent concealment—separated by years of unblemished business conduct—the Tribunal was not satisfied that he is unfit or lacking in good character so as to preclude the grant of a licence; thus, the refusal was set aside subject to satisfaction of compensation scheme requirements.

Jurisdiction
Australia
Judgment Date
24 November 2003
Procedural Posture
Administrative Review / Decision on Merits
Outcome
Application for review allowed
Legal Topics
['travel Agent Licensing' 'fit and Proper Person Test' 'character Assessment' 'review of Administrative Decisions']
['administrative Law' 'licensing Law'] ['travel Agent Licensing' 'fit and Proper Person Test' 'character Assessment' 'review of Administrative Decisions']

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Procedural Posture

Administrative Review / Decision on Merits

Legal Issues

  1. 1 ['Whether Mr. Goodall, director of Welby Pty Ltd, is of good reputation or character or a fit and proper person to be a licensee under the Travel Agents Act 1986' "Whether the licensing authority's refusal should be upheld on the basis of non-disclosure and past convictions"]

Ratio Decidendi

Given the isolated nature and low seriousness of Mr. Goodall's past conviction and subsequent concealment—separated by years of unblemished business conduct—the Tribunal was not satisfied that he is unfit or lacking in good character so as to preclude the grant of a licence; thus, the refusal was set aside subject to satisfaction of compensation scheme requirements.

Court Disposition

Application for review allowed

Orders

  • ['The decision of the Commissioner for Fair Trading to refuse the application by Welby Pty Limited for a licence under the Travel Agents Act 1986 is set aside.' 'The matter is remitted for reconsideration by the Commissioner for Fair Trading with the recommendation that Welby Pty Limited be granted the licence...