Fearon v Commissioner for Fair Trading

Link copied
Case Copied 25 min read

Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Fearon v Commissioner for Fair Trading [2025] NSWCATAD 44
Hearing dates: 24 January 2025
Date of orders: 17 February 2025
Decision date: 17 February 2025
Jurisdiction:Administrative and Equal Opportunity Division
Before: J Sullivan, Senior Member
Decision:

(1) The decisions of the Respondent to refuse the applications to renew the real estate licences of Rebecca Fearon, and of Rebecca Fearon Pty Ltd, under the Property and Stock Agents Act 2002 (NSW) are set aside.

(2) In substitution, the applications are granted.

(3) The Respondent is to give effect to these orders as soon as possible.

Catchwords:

ADMINISTRATIVE LAW – real estate licences – application for renewal – disqualified person – triviality of offence – fit and proper person

Legislation Cited:

Administrative Decisions Review Act 1997 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Property and Stock Agents Act 2002 (NSW)

Property and Stock Agents Regulation 2022 (NSW)

Cases Cited:

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321

Commissioner for Fair Trading, NSW Office of Fair Trading v O’Connor [2007] NSWADTAP 37

Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65

Dosovic v Commissioner of Fair Trading [2023] NSWCATOD 58

Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23

Giri v Roads and Maritime Services [2012] NSWADT 241

Hadroj v Director General, Department of Fair Trading [2002] NSWADT 95

Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127

Hunt v Director General, Department of Services Technology and Administration [2010] NSWADT 186

Livaja v Commissioner for Fair Trading, Department of Finance, Services and Innovation

Luk v Commissioner of Police, NSW Police [2019] NSWCATAP 23

McDonald v Director General of Social Security (1984) 1 FCR 353

Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10

Paul Voutef v Commissioner for Fair Trading [2023] NSWCATOD 79

Saadieh v Director General, Department of Transport [1999] NSWADT 68

Salcedo v Commissioner for Fair Trading [2016] NSWCATOD 19

Shi v Migration Agents Registration Authority [2008] HCA 31

Smith v Commissioner of Police, New South Wales Police Force and NSW Fair Trading [2014] NSWCATAD 184

Sobey v Commercial and Private Agents Board (1979) 22 SASR 70

Texts Cited:

None cited

Category:Principal judgment
Parties:

Rebecca Fearon (First Applicant)
Rebecca Fearon Pty Ltd (Second Applicant)

Commissioner for Fair Trading (Respondent)
Representation:

Self-represented (First Applicant, and on behalf of Second Applicant)

Solicitors:
NSW Fair Trading Legal (Respondent)
File Number(s): 2024/00260713
Publication restriction: None

REASONS FOR DECISION

Introduction

  1. Ms Rebecca Fearon and Rebecca Fearon Pty Ltd (the Company) are the applicants in these proceedings.

  2. Ms Fearon was first licensed as a real estate agent in 2004, and was licensed as a “class 1” agent from 23 March 2020, under the Property and Stock Agents Act 2002 (NSW) (PSA Act). Ms Fearon is a director and licensee in charge of the Company.

  3. On 3 June 2024,…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Fearon v Commissioner for Fair Trading and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2025] NSWCATAD 44
Decision Date

CaseChat Overview and Summary

The dispute before the Court involved Rebecca Fearon and the Commissioner for Fair Trading. The central issue was the Commissioner's refusal to renew Fearon's real estate licences, as well as that of her associated company, Rebecca Fearon Pty Ltd. The Court of Appeal was tasked with determining whether the Commissioner's decision was lawful and whether the renewal applications should be granted.

The key legal issues revolved around the interpretation and application of the Property and Stock Agents Act 2002 (NSW). The primary concern was whether the Commissioner was justified in refusing to renew the licences on the basis that Fearon was a disqualified person due to a past offence, and whether the offence's triviality and Fearon's status as a fit and proper person should be considered in the decision-making process. The Court had to determine whether the Commissioner's assessment of these factors was legally sound and whether the decision was disproportionate.

The Court found that the Commissioner's decision was not supported by the evidence and was therefore unlawful. The Court held that the offence committed by Fearon was minor and did not warrant the refusal of licence renewal, especially considering her overall conduct and character. The Court also emphasised that the determination of whether a person is fit and proper should take into account all relevant factors, including the triviality of the offence. Consequently, the Court set aside the Commissioner's decisions and granted the renewal applications, directing the Commissioner to act on these orders promptly.

Orders

Orders of the court

(1) The decisions of the Respondent to refuse the applications to renew the real estate licences of Rebecca Fearon, and of Rebecca Fearon Pty Ltd, under the Property and Stock Agents Act 2002 (NSW) are set aside.

(2) In substitution, the applications are granted.

(3) The Respondent is to give effect to these orders as soon as possible.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.