Centex Australasia Pty Ltd v Commissioner for Consumer Protection

In this matter, Centex Australasia Pty Ltd and another company appealed against a decision of the State Administrative Tribunal, which found them in breach of their duty as real estate agents to act fairly and honestly. The Tribunal had found the appellants had engaged in misleading conduct in relation to the sale of a property. The appeal was heard in the Supreme Court of Western Australia. The primary legal issues before the Court were whether the Tribunal's findings of fact were supported by the evidence, whether the reasons provided by the Tribunal were adequate, and whether the appellants were denied procedural fairness. The Court also needed to consider the principles to be applied upon review of findings of fact by an appellate court.

The Court found that the Tribunal's findings of fact were not adequately supported by the evidence and that the reasons provided were insufficient. The Court held that the appellants were not denied procedural fairness, but the Tribunal had not properly applied the principles of review in assessing the evidence. The Court determined that the appeal was well-founded and allowed it. As a result, the orders of the Tribunal were set aside and substituted with new orders that better reflected the evidence and the applicable legal principles.