Obradovic v Fair Trading Administration Corporation

The New South Wales Court of Appeal considered an appeal by Mr. Obradovic against a decision of the Administrative Decisions Tribunal (ADT) which had affirmed the Fair Trading Administration Corporation's refusal to grant him a licence as a real estate agent. The dispute centred on Mr. Obradovic's suitability to hold such a licence, with the Corporation having refused it on the grounds that he was not a fit and proper person due to past conduct.

The primary legal issue before the Court of Appeal was whether the ADT had erred in law by failing to give sufficient weight to the evidence of Mr. Obradovic's rehabilitation and by adopting an overly restrictive interpretation of the "fit and proper person" test under the relevant legislation. Specifically, the court had to determine if the ADT had properly considered all relevant factors, including the time elapsed since the conduct in question and the applicant's subsequent behaviour, when assessing his present suitability.

The Court of Appeal found that the ADT had indeed erred in law. It held that the ADT had placed undue emphasis on past misconduct without adequately considering evidence of rehabilitation and the passage of time. The court reiterated the principle that the "fit and proper person" test requires a forward-looking assessment of an applicant's character and suitability, taking into account all relevant circumstances, including past behaviour, but also evidence of reform and present trustworthiness. The ADT's approach was deemed to have been too focused on past events, thereby failing to properly assess Mr. Obradovic's current fitness.

Consequently, the Court of Appeal allowed the appeal, set aside the ADT's decision, and remitted the matter back to the ADT for redetermination according to law.