Norm Carey decision overturned by SAT
Issue Date: - Wednesday, 24 December 2008
The State Administrative Tribunal has overturned the Real Estate and Business Agents Supervisory Board’s refusal to renew the triennial certificate of Mr Norman Phillip Carey.
In WA, the Real Estate and Business Agents Act 1978 requires individuals and businesses wanting to continue business as an agent to hold a current triennial certificate, which must be renewed every three years.
In June 2007 the Board refused to renew Mr Carey’s triennial certificate on the grounds that the Board was not satisfied he remained a fit and proper person as required under the Act.
The SAT in overturning the decision of the Board stated: “Despite the concerns which we have expressed, we do not consider that it can be fairly determined, on the basis of the material before us, that Mr Carey is not fit and proper to hold a real estate agents’ licence.”
The tribunal ordered the Board to issue Mr Carey with a triennial certificate for a period of three years.
Mr Carey’s real estate business was previously conducted through the liquidated corporation, Westpoint Realty.
In April 2007, the Board obtained orders in the SAT to suspend Westpoint’s licence, and to authorise the appointment of a supervisor to the business.
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