Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:

1. This is an application by Mikael Isacson ("the Applicant") for review of a decision by the Commissioner For Fair Trading ("the Respondent") to refuse the Applicant's application for a certificate of registration under the Property and Stock Agents Act 2002 ("the Act").

2. The Applicant applied for a Certificate of Registration - Assistant Agent under the Act. A delegate of the Respondent determined that the Applicant was a disqualified person in accordance with section 14(3)(d) of the Act due to a dishonesty offence recorded against him in the previous 10 years, and therefore he was not eligible to hold a certificate.

3. The decision was affirmed on internal review and the Applicant has applied to the Tribunal for external review.

Background

4. The parties are in general agreement with the background.

5. The Applicant held a held a certificate of registration as a real estate salesperson from May 2005 to May 2010. He was issued a real estate licence in October 2011. He surrendered his licence in April 2021.

6. A conviction was recorded against him at Parramatta Local Court on 30 June 2023. The offence was Dishonestly obtain financial advantage etc by deception under section 192E(1)(b) of the Crimes Act 1900. He was convicted and sentenced to a Conditional Release Order ("CRO") for a period of 12 months, commencing 30 June 2023 and expiring on 29 June 2024. The CRO was subject to certain conditions including that the Applicant "attend upon his GP to receive individualised counselling as recommended by the GP".

7. The agreed Statement of Facts provided the following relevant details:

"1. The Spot Realty Pty Ltd ... (Spot Realty) was ... trading under the business name L J Hooker Randwick until September 2020.

2. Spot Realty was granted corporation licence No 1430645 under the Property Stock and Business Agents Act 2002 ...

3. Mr Anthony Romano was the sole director of the Spot Realty between 19 January 2007 up until 26 April 2021 when second director was appointed. Mr Anthony Romano is the licensee in charge (LIC).

4. Mr Mikael Alexander Isacson (also known as Michael lsacson) (the Defendant) was a Senior Property Manager at Spot Realty. ...

5. Spot Realty held a rental trust account with National Australia Bank ... The LIC was the sole signatory and only person to have banking access.

6. The Defendant held the following bank accounts in which he is the sole signatory:

...

7. Spot Realty offers residential sales services and property management services. The managed properties included boarding houses, which are short term rental accommodation, Short-term accommodation agreements do not require lodgement of bonds with NSW Fair Trading as they are excluded from the Residential Tenancies Act 2010. The rental bonds collected by Spot Realty (approximately 2-3 weeks rent) were held in its trust account and released upon the tenant vacating the property.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196d61f8c39181c87d717b92)

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