Carey and Real Estate And Business Agents Supervisory Board

The applicant, Carey, sought renewal of his triennial certificate as a real estate agent. The Real Estate And Business Agents Supervisory Board refused the renewal, citing concerns about Carey's fitness and propriety due to his role as managing director of companies within a large corporate group that subsequently collapsed. This led to criticism of Carey by the court and receivers of the companies, raising questions about his suitability to hold a licence. The case reached the court to determine whether the Board's refusal to renew Carey's certificate was justified.

The central legal issue was whether Carey, given his history and the circumstances surrounding the collapse of the corporate group he managed, remained fit and proper to hold a real estate licence. The court needed to assess whether Carey had bona fide control of his business and whether his past conduct warranted a refusal of the renewal application. This involved a thorough examination of Carey's role, the impact of the corporate collapse on his professional standing, and the potential risks he posed to the public if granted a licence.

The court found that Carey's involvement in the corporate group and the subsequent criticism from the court and receivers highlighted significant concerns about his fitness and propriety. The court concluded that these factors warranted a refusal to renew his certificate. The court also imposed specific conditions for Carey should his application be reconsidered in the future, including requirements for prior notification to the Board of any changes in his business operations, legal proceedings, misconduct findings, or financial circumstances. These conditions aimed to ensure greater oversight and accountability.

The final orders included stipulations that Carey must notify the Board of his intention to commence business, any legal proceedings against him, findings of misconduct, and any material adverse changes to his financial situation. These measures were intended to mitigate the risks associated with Carey holding a real estate licence, should his application be approved in the future.