NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR PSMG, ET AL. V/S COMMISSIONER FOR FAIR TRADING CASE

Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30:

1. PSMG Pty Limited and Mr Whitney Hong Wang ("the Applicants" and "PSMG" and "Mr Wang" respectively), held licences under the Property and Stock Agents Act 2002 (NSW) ("the PSA Act") to manage strata properties. On 24 July 2024, the Commissioner for Fair Trading ("the Respondent") decided to cancel the licences held by the Applicants, to reprimand them and to disqualify each of the Applicants from holding equivalent licences for ten years.

2. On 25 July 2024, the Applicants applied in this Tribunal for review of the decisions. The Applicants also applied for an interim order seeking a stay of the decisions. A stay order was made by the Tribunal on 1 August 2024, PSMG Pty Ltd v Commissioner for Fair Trading [2024] NSWCATOD 117. Relevantly, the order of the Tribunal was:

"The decisions made on 22 July 2024 to cancel the licences of PSMG Pty Ltd, license number 1688934 and Whitney Hong Wang, licence number 1092361, for all purposes are treated as on foot from 22 July 2024 until further order of the Tribunal."

3. The stay decision was the subject of an internal appeal before the Tribunal's Appeal Panel in Commissioner of Fair Trading v PSMG Pty Ltd [2025] NSWCATAP 34. The Appeal Panel's decision was delivered after this hearing. The stay was continued but the Appeal Panel overturned findings made by the Tribunal and made a new decision. I sought clarification from Counsel whether the decision of the Appeal Panel would affect this review. Counsel for each party confirmed that the result of the decision by the Appeal Panel does not affect this review. Therefore, I make no further reference to the appeal decision.

4. The following factual matters are not in dispute.

5. PSMG is a corporation that held a Corporation Property Licence pursuant to the PSA Act. PSMG operates under the business name of Professional Strata Management Group (ACN 138 737 630).

6. Mr Wang is the sole Director and licensee in charge of PSMG, relevantly holding an Individual Property Licence pursuant to the PSA Act. Mr Wang was at all material times a Real Estate Agent and Strata Managing Agent.

7. On 22 July 2024, a delegate of the Respondent issued a Notice of Decision against PSMG, and took the following disciplinary action against it:

1) reprimand PSMG, under s 192(1)(a) of the PSA Act;

2) cancel the Licence Number 1688934 of PSMG, under s 192(1)(g) of the Act; and

3) declare PSMG to be a disqualified person for the purposes of the PSA Act for a period of 10 (ten) years, under s 192(1)(h) of the Act.

8. Also on 22 July 2024, the delegate of the Respondent issued a Notice of Decision against Mr Wang, taking the following disciplinary action against him:

1) reprimand Mr Wang, under s 192(1)(a) of the Act;

2) cancel the licence of Mr Wang Number 1092361, under s 192(1)(g) of the Act;

3) declare Mr Wang to be a disqualified person for the purposes of the PSA Act for a period of 10 (ten) years, under s 192(1)(h) of the Act; and

4) disqualify Mr Wang from being involved in the direction, management or conduct of the business of a licensee, for a period of 10 (ten) years, under s 192(1)(i) of the Act.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197afc0e7ccb92958cac9c8e)

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