Supreme Court of NSW confirms what a Fair-Trading Show Cause Notice must contain

Supreme Court of NSW confirms what a Fair-Trading Show Cause Notice must contain

G&S Law Group successfully acted on behalf of a Motor Dealer who after being issued with a show cause notice was disqualified from being a licence holder or from being involved in the direction, management or conduct of the business for which a Motor Dealer licence is required for a period of 10 years (the Determination).

G&S Law Group applied to NCAT for review of the Determination following the issue of the Show Cause Notice. On 27 July 2018, NCAT set aside the Determination and, instead, cancelled the Motor Dealer’s motor dealer licence and disqualified the Motor Dealer from holding such a licence for a period of two years: Edward Lees Imports Pty Ltd v Commissioner for Fair Trading (No 3) [2018] NSWCATOD 116 (the Original Decision).

NCAT did not find that any of the grounds in the Determination had been made out but disqualified the Motor Dealer on a new ground which had first been raised during cross-examination of Phillip Lee, the Motor Dealer’s sole director and shareholder. On 31 May 2019, the NCAT Appeal Panel dismissed the Motor Dealer’s appeal of the Original Decision.

G&S Law Group appealed the NCAT Appeal Panel Decision to the Supreme Court of NSW, his Honour Adamson J, following a consideration of the evidence raised by G&S Law Group matter allowed the appeal and set aside the decision of NCAT, the following orders:

  1. Grant leave to appeal against the decision of the Appeal Panel.
  2. Appeal allowed.
  3. Set aside the decision of the Appeal Panel made on 31 May 2019 and the decision of Senior Member Dinnen on 27 July 2018, except in so far as Senior Member Dinnen set aside the determination of the Commissioner dated 14 March 2017.
  4. Order the defendant to pay the plaintiff’s costs of the proceedings.

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