Mavaddat v Real Estate & Business Agents Supervisory Board

The case involved a real estate agent, Mavaddat, who appealed against a decision of the State Administrative Tribunal to cancel his real estate agent's licence and triennial certificate, as well as disqualify him permanently from holding such a licence and certificate. The appeal was heard by the court, which was required to determine if the Tribunal misconstrued the object of disciplinary action, failed to take into account relevant factors, and if the penalty of permanent disqualification was manifestly excessive.

The court examined the object of disciplinary action in the real estate industry and found that the Tribunal's understanding was not misconstrued. It was established that the purpose of disciplinary action is to protect the public and maintain the integrity of the profession. The court further assessed whether the Tribunal failed to consider relevant factors and concluded that the Tribunal had appropriately taken into account all relevant factors in reaching its decision. Additionally, the court addressed the issue of permanent disqualification, finding that it is not only appropriate when a person is found to be incapable of ever establishing they are a fit and proper person, but can also be justified in cases of serious misconduct.

In light of the above findings, the court upheld the decision of the Tribunal to cancel the real estate agent's licence and triennial certificate and disqualify the appellant permanently from holding such a licence and certificate. The court found that the penalty was not manifestly excessive and was appropriate in the circumstances of the case.