Pelechowski v Registrar Court of Appeal

In *Pelechowski v Registrar*, the applicant, Mr. Pelechowski, sought leave to appeal to the Court of Appeal of New South Wales against a decision of the Supreme Court of New South Wales. The dispute concerned the Registrar's refusal to grant Mr. Pelechowski a licence to carry on the business of a real estate agent.

The primary legal issue before the Court of Appeal was whether the Registrar had erred in law in refusing the licence, specifically in relation to the applicant's past criminal convictions and his perceived unsuitability to hold such a licence under the relevant legislation. The Court was required to consider the proper application of the *Property, Stock and Business Agents Act 1941* (NSW) and the principles governing the exercise of discretion by licensing authorities.

Kirby J, sitting in chambers, considered the evidence before the Registrar, including the nature and circumstances of Mr. Pelechowski's convictions and the time elapsed since their occurrence. His Honour applied the principles that a licensing authority must act in accordance with the statute, consider all relevant factors, and disregard irrelevant ones. The Court noted that while past conduct is relevant, it must be assessed in light of the present circumstances and the applicant's demonstrated rehabilitation. The refusal was found to be based on a proper consideration of the statutory requirements and the evidence, and therefore, leave to appeal was refused.