JOHNSON -v- SHEPPARD [2005] WASCA 13
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2005] WASCA 13 | |
| THE FULL COURT (WA) | |||
| Case No: | FUL:84/2003 | 23 AUGUST 2004 | |
| Coram: | MURRAY J TEMPLEMAN J SIMMONDS J | 4/02/05 | |
| 15 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | CORINA JOHNSON ROBERT SHEPPARD |
Catchwords: | Administrative law Appeal against decision of District Court on appeal from Real Estate and Business Agents Supervisory Board Licensed real estate agent Contract for sale of strata title units Whether conduct of agent involved breach of code of conduct for agents and sales representatives Duty to act fairly and honestly |
Legislation: | Code of Conduct for Agents and Sales Representatives, s 5(1) Real Estate and Business Agents Act 1978 (WA) |
Case References: | Grljusich v Andrews [2003] WASCA 206 Harle v Legal Practitioners Liability Committee [2003] VSCA 133 Macleod v The Queen (2003) 214 CLR 230 Peters v The Queen (1998) 192 CLR 493 Bradshaw v Medical Board (WA) [1990] 3 WAR 322 Briginshaw v Briginshaw (1938) 60 CLR 336 Chidiac v The Queen (1991) 171 CLR 432 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 Maxwell v Dixon [1965] WAR 167 Peters v The Queen (1998) 192 CLR 493 State Rail Authority of NSW v Earthline Constructions Pty Ltd (in liq) & Ors (1999) 160 ALR 588 Warwick Entertainment Centre Pty Ltd v McKenzie [2000] WASCA 280 Ziems v Prothonotary of The Supreme Court of NSW (1957) 97 CLR 279 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : JOHNSON -v- SHEPPARD [2005] WASCA 13 CORAM : MURRAY J
- TEMPLEMAN J
SIMMONDS J
- Appellant
AND
ROBERT SHEPPARD
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : YEATS DCJ
Citation : JOHNSON -v- SHEPPARD [2003] WADC 112
File No : APP 111 of 2002
Catchwords:
Administrative law - Appeal against decision of District Court on appeal from Real Estate and Business Agents Supervisory Board - Licensed real estate agent - Contract for sale of strata title units - Whether conduct of agent involved
(Page 2)
breach of code of conduct for agents and sales representatives - Duty to act fairly and honestly
Legislation:
Code of Conduct for Agents and Sales Representatives, s 5(1)
Real Estate and Business Agents Act 1978 (WA)
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant : Mr J C Curthoys
Respondent : Mr S W O'Sullivan
Solicitors:
Appellant : Stables Scott
Respondent : Tottle Christensen
Case(s) referred to in judgment(s):
Grljusich v Andrews [2003] WASCA 206
Harle v Legal Practitioners Liability Committee [2003] VSCA 133
Macleod v The Queen (2003) 214 CLR 230
Peters v The Queen (1998) 192 CLR 493
Case(s) also cited:
Bradshaw v Medical Board (WA) [1990] 3 WAR 322
Briginshaw v Briginshaw (1938)
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Details
- AGLC
- Johnson v Sheppard [2005] WASCA 13
- Case
- [2005] WASCA 13
- Decision Date
CaseChat Overview and Summary
The case of Johnson v Sheppard involved the appellant, a licensed real estate agent, who sought to appeal against the decision of the District Court, which had upheld an earlier ruling by the Real Estate and Business Agents Supervisory Board. The dispute centred on the agent's conduct in relation to a contract for the sale of strata title units. The central issue was whether the agent's conduct amounted to a breach of the code of conduct for agents and sales representatives, specifically the duty to act fairly and honestly.
The legal issues the court needed to determine were whether the agent's actions warranted a finding of misconduct under the Real Estate and Business Agents Act 1980, and if so, whether the penalty imposed was appropriate. The court had to consider the evidence presented and whether the agent had breached the code by failing to act fairly and honestly in the transaction. Additionally, the court needed to evaluate whether the penalty of a six-month suspension of the agent's licence was proportionate to the alleged misconduct.
In its reasoning, the court found that the evidence did not support the agent's claim that they were not involved in the sale of the strata title units. The agent had failed to act fairly and honestly by not disclosing certain information to the purchaser, which was a clear breach of the code of conduct. The court held that the penalty imposed by the Supervisory Board was appropriate given the nature and seriousness of the misconduct. The appeal was dismissed, and the penalty upheld, as the court found that the agent's actions warranted disciplinary action.
The legal issues the court needed to determine were whether the agent's actions warranted a finding of misconduct under the Real Estate and Business Agents Act 1980, and if so, whether the penalty imposed was appropriate. The court had to consider the evidence presented and whether the agent had breached the code by failing to act fairly and honestly in the transaction. Additionally, the court needed to evaluate whether the penalty of a six-month suspension of the agent's licence was proportionate to the alleged misconduct.
In its reasoning, the court found that the evidence did not support the agent's claim that they were not involved in the sale of the strata title units. The agent had failed to act fairly and honestly by not disclosing certain information to the purchaser, which was a clear breach of the code of conduct. The court held that the penalty imposed by the Supervisory Board was appropriate given the nature and seriousness of the misconduct. The appeal was dismissed, and the penalty upheld, as the court found that the agent's actions warranted disciplinary action.
Orders
Orders of the court
Appeal dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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