Ensure you never miss an issue of the
real estate business bulletin
Director loses bid to renew licence

Director loses bid to renew licence

by Reporter 2 comments

A former director of a property group has lost his bid to renew his real estate licence, following a decision by the Western Australia Court of Appeal.


In a unanimous judgement by the Court of Appeal on Thursday morning, the Commissioner for Consumer Protection succeeded in overturning a decision to allow the director of Westpoint Realty Pty Ltd, Norman Carey, to renew the certificate allowing him to be a real estate agent.

The judgement sets aside a previous State Administrative Tribunal ruling, which meant that Mr Carey would not lose his triennial certificate.

Western Australian legislation requires individuals and businesses wanting to operate as a real estate agent to hold a current triennial certificate, which must be renewed every three years. 

In February 2012, the commissioner refused to renew Mr Carey’s triennial certificate on the basis that he was not a fit and proper person and of good character and repute. However, in December 2012, the State Administrative Tribunal reversed the commissioner’s decision and granted Mr Carey his triennial certificate.

Last Thursday's decision meant the commissioner's original decision had been reinstated and Mr Carey was not allowed to operate as a real estate agent in Western Australia. 

In February 2011, Mr Carey was found guilty by the Perth Magistrates Court of five charges of breaching the Fair Trading Act in relation to the sale of a residential property development in Rivervale in 2005. That trial found that the company, via its agents, had misled purchasers of units in the Regent Apartment development by falsely informing them that there had been indefinite delays to the project due to planning issues. The agents caused purchasers to terminate their contracts of sale, then each of the units were resold at a higher price within a short period of time.

The Supreme Court dismissed an appeal by Mr Carey in January 2012 and the Court of Appeal dismissed a second appeal in August 2013, thereby upholding the Magistrates Court decision and conviction.

Director loses bid to renew licence
lawyersweekly logo
promoted content
Recommended by Spike Native Network
Listen to other installment of the Real Estate Business Podcast
reb top 100 agents 2017

The REB Top 100 Agents ranking is the foremost ranking of agents in Australia. It has set the bar for excellence in Australian real estate. To be ranked as an REB Top 100 Agent is the standard real estate professionals strive for. See the full 2018 ranking here!

featured podcast

featured podcast
An industry where the resilient succeeds

Tim Heavyside believes that a strong support team and good foundations are paramount to success in the real estate industry, and with regu...

View all podcasts

Would you consider working for Purplebricks or a similar 'DIY' model?

Yes (7.2%)
No (80.9%)
Perhaps - make me an offer (12%)

Total votes: 209
The voting for this poll has ended on: July 13, 2018
Do you have an industry update?