Enforcement Actions Report: April - June 2014

Enforcement Actions Report: April - June 2014 Quarter
In the course of administering NSW’s fair trading laws, Fair Trading may take enforcement action against individuals or companies that contravene those laws. Enforcement action is designed to stop the unlawful conduct, reduce the likelihood of its recurrence, act as a
general and specific deterrent and where appropriate, reverse its effect through actions such as corrective advertising or compensation. This report includes public information available through the courts as well as information on public registers administered by Fair
Trading. The enforcement actions listed may include:
• convictions resulting from prosecution in a court;
• statistical information on penalty notices issued by Fair Trading;
• disciplinary determinations – including results of proceedings in the Administrative Decisions Tribunal; and
• injunctions or other orders resulting from civil proceedings in the Supreme Court.
The information provided is correct as at the date of this report. Any matter might be subject to a change resulting from an appeal or application for review.
Current information may be obtained by contacting Fair Trading or accessing the public register where relevant.
Associations Incorporations Act
Australian Consumer Law (NSW)
Bankruptcy Act
Conveyancers Licensing Act
Co-operatives Act
Crimes Act
Electricity (Consumer Safety) Act and Regulation
Fair Trading Act
Graffiti Control Act
Home Building Act
Landlord and Tenant (Rental Bonds) Act
Motor Dealers Act and Regulation
Motor Vehicle Repairs Act
Pawnbrokers and Second-hand Dealers Act
Plumbing and Drainage Act
Property, Stock and Business Agents Act
Residential Parks Act
Residential Tenancies Act
Retirement Villages Act
Supreme Court Rules
Travel Agents Act
Trade Marks Act
Valuers Act
Business Type /
Licence No.
Where Trading
Nature of Offence or Unfair Conduct
Type of Enforcement Action
Unlicensed
Parkes
Convicted 7 April 2014. Compensation in the amount of $8,800 awarded to
consumer David Thompson
$30,510
Global Asphalt Pty Ltd
Unlicensed
Parkes
Convicted 7 April 2014
$48,510
Konstandinos Kougias
Unlicensed
Sydney Metro
Fail to provide termination details to an unsolicited consumer agreement; Fail to
comply with requirements for unsolicited agreements; and, Supplied or accepted
payment within the 10 day cooling off period of unsolicited work.
Fail to provide termination details to an unsolicited consumer agreement; Fail to
comply with requirements for unsolicited agreements; and, Supplied or accepted
payment within the 10 day cooling off period of unsolicited work.
Accept payment not supply goods/services in time
Convicted 30 May 2014
$585
Zeneli Pty Ltd trading as “Xtreme Motorsports”
MD032898
Burwood
False or misleading representations about goods or services
Convicted 6 June 2014
$1,170
Robert Douglas Pentecost
Unlicensed
Narrabeen
Roselyn Joy Wilson
Online retailer
Moe(Vic)
Accept payment not supply goods/services in time; fail to comply with requirements Convicted 13 June 2014
for unsolicited agreements; failed to return/refund a supplier on termination of
agreement; and, supplied or accepted payment within the 10 day cooling off period of
unsolicited work
Accept payment not supply goods/services in time.
Convicted 27 June 2014
Name of Individual or Corporation
Australian Consumer Law (NSW)
William Barr aka William Orchard
$6,996
$6,510
$94,281
Total prosecutions
Penalty Notices
Defendants: 19
Offences: 28
$15,400
$109,681
Total Australian Consumer Law (NSW) Penalties
Conveyancers Licensing Act
Peter Ishak t/as Ishak & Associates
1083095
Homebush
Fitness & propriety issues
Peter Ishak
1083095
North Strathfield
Review of delegate’s decision to suspend conveyancers licence until 30 June 2014
and impose certain conditions
Total prosecutions
Penalty Notices
Defendants:
On 13 May 2014, the NSW Civil and Administrative Tribunal varied the original
delegate’s decision of 9 January 2013 and by consent order lifted the suspension of
licence; imposed a condition on the licence that Peter Ishak have no involvement in
the business until 30 June 2014; and the directions and conditions imposed by the
delegate on the licence remain with respect to compliance with the continuing
professional development requirement condition on the licence for the years 2009 to
2014 inclusive and as a condition of renewal of the licence, comply with the directions
of the delegate
On 13 May 2014 settled in accordance with Consent Orders, to the effect that while
the licence is no longer suspended, it is a condition until 30 June 2014 that Mr Ishak
have no involvement in the business. It is noted that during that time, his employee
Ms Nakhle, will run the business. The other conditions imposed by the delegate
remain
$0
Offences:
$0
Total Conveyancers Licensing Act Penalties
Crimes Act
Ousama Najjar aka Michael Najjar, Sole Director & Company Secre Unlicensed
Burwood
Fraud, dishonestly obtain financial advantage by deception and Larceny by bailee The defendant was sentenced to a period of imprisonment of 2
years, fully suspended on him entering into an Intensive Corrections Order. No nonparole period. Compensation payable to Motor Dealers Compensation Fund
Robert Douglas Pentecost
Narrabeen
Fraud, dishonestly obtain financial advantage by deception.
On 13 June 2014 sentenced to a 3 month term of imprisonment with a release date
of 29 August 2014
Defendants:
Offences:
Unlicensed
Total prosecutions
Penalty Notices
$100,585
$100,585
$100,585
Total Crimes Act Penalties
Electricity (Consumer Safety) Act and Regulation
Bill Zisoglou
$ value of
Fine or Penalty
110052C - cancelled 24/09 Rosebery
Fail to comply with regulations.
Convicted 11 June 2014
$1,085
$1,085
Total prosecutions
Penalty Notices (Under the Act)
Electricity (Consumer Safety) Act
Defendants: 1
Offences: 3
Penalty Notices (Under the Regulation)
Electricity (Consumer Safety) Regulation
Defendants:
Offences:
Total Electricity (Consumer Safety) Act and Regulation Penalties
$1,500
$2,585
Name of Individual or Corporation
Business Type /
Licence No.
Where Trading
Nature of Offence or Unfair Conduct
Type of Enforcement Action
Defendants: 40
Offences: 46
$ value of
Fine or Penalty
Fair Trading Act
$0
Total prosecutions
Penalty Notices
$25,300
Total Fair Trading Act Penalties
Graffiti Control Act
Soraia Serhan
n/a
Bankstown
Displayed spray paint cans in shop not properly secured - market stall.
Offences proved, no conviction recorded under s.10 Crimes (Sentencing Procedure)
Act on 26 June 2014
Defendants: 3
Offences: 3
Total prosecutions
$0
Total prosecutions
Penalty Notices
$1,650
$1,650
Total Graffiti Control Act Penalties
Home Building Act
Sydney Homes Pty Ltd
$25,300
213351C
Anthony Keir
South-west Sydney
Failure to comply with a Rectification Order
Fine
$2,000
South-west Sydney
Failure to comply with a Rectification Order
Fine
$1,500
Tabellz Pty Ltd
130727C
Western Sydney
Breach of statutory warranty
Fine
$3,000
Murray Keith Carter
41394
Western Sydney
Breach of statutory warranty
Fine
$2,000
Phillp Rodney Catto
Western Sydney
Breach of statutory warranty
Fine
$1,500
Gregory Allan Catto
Western Sydney
Breach of statutory warranty
Fine
$1,500
Brian Whyte
254630C
Brisbane, NSW border
Not fit and proper person
Disqualified from holding a licence or certificate for 2 years
Lotus Constructions Pty Ltd
132854C
South-west Sydney
Failure to comply with a Rectification Order
Fine
$2,500
Sunil Chand
59916C
South-west Sydney
Failure to comply with a Rectification Order
Fine
$1,500
Bill Zisoglou
Rosebery
Unqualified electrical wiring work
Convicted 11 June 2014
$3,085
Kirstan Sadlon
110052C - cancelled
24/09/12
Unlicensed
Pennant Hills
Unlicensed contracting of specialist work
Convicted 11 April 2014
$4,570
David Sadlon
Unlicensed
Pennant Hills
Unlicensed specialist work and do electrical wiring work when unqualified
Convicted 11 April 2014
Buddy Charbel Challita
Unlicensed
East Hills
Unlicensed contracting of specialist work; demand/receive payment before residential Convicted 2 May 2014
work commenced and contract to do residential work w/o certificate of insurance.
$44,095
Joe Rizk
Unlicensed
Arncliffe
Unlicensed contracting of residential building work; demand/receive payment before Convicted 2 May 2014
residential work commenced; unlicensed building work; and, falsely represent a
person (a partnership or corporation) is the holder of a contractors licence
$8,840
Konstandinos Kougias
Unlicensed
Sydney Metro
Unlicensed contracting of residential building work; represent person is prepared to
do residential building work whilst Unlicensed; demand/receive payment before
residential work commenced; unlicensed residential building work; fail to insure
contract work; and, contract to do residential work w/o certificate of insurance.
Convicted 30 May 2014
$12,200
Robert Douglas Pentecost
Unlicensed
Narrabeen
Unlicensed contracting of residential building work
Convicted 13 June 2014
$1,083
Andrews Custom Kitchens Pty Ltd
170033C
Rosebery
Bill Zisoglou
110052C - cancelled
24/09/12
Rosebery
Fail to comply with requirements of written contract; demand/receive payment before Convicted 13 June 2014
residential work commenced and contract to do residential work w/o certificate of
insurance.
Review of decision to cancel and permanently disqualify contractor licence in the
On 15 April application withdrawn
category of electrical wiring
Total prosecutions
Penalty Notices (Under the Act)
Home Building Act
Defendants: 79
Offences: 144
Penalty Notices (Under the Regulation)
Home Building Regulation
Defendants:
Offences:
$4,570
$3,755
$97,698
$142,000
$0
Total civil penalties
Total Home Building Act Penalties
$239,698
Business Type /
Licence No.
Where Trading
Nature of Offence or Unfair Conduct
Type of Enforcement Action
Motor Dealers Act and Regulation
Auto Motiv Sound & Security Pty Ltd
39498
Liverpool
Fitness & propriety issues
Auto Motiv Auto Traders Pty Ltd
45009
Liverpool
Fitness & propriety issues
Bashir Bohsali
Director and Manager of
Motor Dealership
Liverpool
Fitness & propriety issues
Hanna Saade
Director and Manager of
Motor Dealership
Liverpool
Fitness & propriety issues
Vanessa Bakhos
Manager of Motor
Dealership
Liverpool
Fitness & propriety issues
A1 Auto Trader Pty Ltd
34031
Minchinbury
Fitness & propriety issues
Souhad Sukkar
Director and Manager of
Motor Dealership
Manager of Motor
Dealership
Minchinbury
Fitness & propriety issues
Minchinbury
Fitness & propriety issues
Esy Autos Pty Ltd
41689
Kings Park
Fitness & propriety issues
Louise Pupack Naderi
Director of Motor Vehicle Kings Park
Repair Workshop
Fitness & propriety issues
Eddie Semerci
Manager of Motor Vehicle Kings Park
Repair Workshop
Fitness & propriety issues
Susan Xeneli
n/a
Burwood
On 8 April 2014, cancelled the licence and permanently disqualified Auto Motiv
Sound & Security Pty Ltd from holding a licence or from being concerned in the
direction, management or conduct of a business for which a licence is required.
On 8 April 2014, cancelled the licence and permanently disqualified Auto Motiv Auto
Traders Pty Ltd from holding a licence or from being concerned in the direction,
management or conduct of a business for which a licence is required. Auto Motiv
Auto Traders Pty Ltd has sought a review of that decision from the NCAT. That
review remains outstanding.
On 8 April 2014, disqualified Bashir Bohsali from holding a licence and from being
concerned in the direction, management or conduct of a business for which a licence
is required for a period of 5 years. Mr Bohsali has sought a review of that decision
from the NCAT. That review remains outstanding.
On 13 June 2014, an internal review affirmed the original delegate's decision of 8
April 2014: disqualified Hanna Saade from holding a licence and from being
concerned in the direction, management or conduct of a business for which a licence
is required for a period of 2 years.
On 8 April 2014, disqualified Vanessa Bakhos from holding a licence and from being
concerned in the direction, management or conduct of a business for which a licence
is required for a period of 1 year.
On 1 May 2014, the NSW Civil and Administrative Tribunal varied the original
delegate’s decision of 1 October 2013: reprimanded A1 Auto Trader Pty Ltd and
placed conditions on the licence.
On 1 May 2014, the NSW Civil and Administrative Tribunal varied the original
delegate’s decision to a reprimand
On 1 May 2014, the NSW Civil and Administrative Tribunal affirmed the original
delegate’s decision of 1 October 2013: disqualified Michael Saba from holding a
licence and from being concerned in the direction, management or conduct of a
business for which a licence is required for a period of 5 years.
On 20 May 2014, cancelled the licence and permanently disqualified Esy Autos Pty
Ltd from holding a licence or from being concerned in the direction, management or
conduct of a business for which a licence is required.
On 20 May 2014, disqualified Louise Pupack Naderi from holding a licence and from
being concerned in the direction, management or conduct of a business for which a
licence is required for a period of 2 years.
On 20 May 2014, disqualified Eddie Semerci from holding a licence and from being
concerned in the direction, management or conduct of a business for which a licence
is required for a period of 10 years.
Convicted 6 June 2014
Zeneli Pty Ltd trading as “Xtreme Motorsports”
MD032898
Burwood
A1 Auto Trader Pty Ltd
MD34031
Burwood
Michael Saba
MD19791 (Cancelled)
Burwood
Fail to enter particulars of acquisition in register; fail to attach prescribed notice and
fail to comply, maintain and deposit in consignment trust account.
Offer/display vehicle for sale at unlicensed premises; fail to enter particulars of
Convicted 6 June 2014
acquisition in register; fail to attach prescribed notice; fail to maintain consignment
trust accounts; and, Odometer interference
Review of decision to cancel, disqualify motor dealer’s licence for a period of 5 years On 1 May 2014 matter settled. Applicant is reprimanded pursuant to section
20E(1)(a) of the Motor Dealers Act 1974.
Review of decision to disqualify as shareholder of A1 Auto Trader Pty Ltd for a period On 1 May 2014 matter settled. Applicant is to be removed as a beneficial shareholder
of 5 years.
of A1 Auto Trader and a suitable manager for A1 Auto Trader is to be appointed
Name of Individual or Corporation
Michael Saba
Souhad Sukkar
Burwood
Review of decision to disqualify the director of AI Auto Trader P/L for a period of 5
years
On 1 May 2014 matter settled. Applicant reprimanded pursuant to section 20E(1)(a)
of the Motor Dealers Act 1974
$1,730
$2,500
$4,230
Total prosecutions
Penalty Notices (Under the Act)
Motor Dealers Act
Defendants: 85
Offences: 168
Penalty Notices (Under the Regulation)
Motor Dealers Regulation
Defendants: 3
Offences: 3
Total Motor Dealers Act and Regulation Penalties
$ value of
Fine or Penalty
$108,900
$1,980
$115,110
Business Type /
Licence No.
Where Trading
Nature of Offence or Unfair Conduct
Type of Enforcement Action
Motor Vehicle Repairs Act
Jalal Abualfoul
92776
Cecil Park
Fitness & propriety issues
On 23 April 2014, an internal review affirmed the original delegate's decision of 14
February 2014: cancelled the tradespersons certificate held by Jalal Abualfoul.
M Power Automotive Services Pty Ltd
38750
Illawong
Breach of legislation
Aseem Ayoubi
37080
Campbelltown
Breach of legislation
On 20 May 2014, cancelled the licence held by M Power Automotive Services Pty
Ltd.
On 20 May 2014, cancelled the licence held by Aseem Ayoubi.
Zeneli Pty Ltd
48492
Burwood
Fitness & propriety issues
Susan Xeneli
Director of Motor Vehicle Burwood
Repair Workshop
Fitness & propriety issues
Joseph Dib
Director of Motor Vehicle Burwood
Repair Workshop
Fitness & propriety issues
Japanese Imports Pty Ltd
50461
Fitness & propriety issues
On 19 June 2014, cancelled the licence and permanently disqualified Zeneli Pty Ltd
from holding a licence or from being concerned in the direction, management or
conduct of a business for which a licence is required.
On 19 June 2014, disqualified Susan Xeneli from holding a licence and from being
concerned in the direction, management or conduct of a business for which a licence
is required for a period of 4 years.
On 19 June 2014, disqualified Joseph Dib from holding a licence and from being
concerned in the direction, management or conduct of a business for which a licence
is required for a period of 4 years.
On 19 June 2014, cancelled the licence held by Japanese Imports Pty Ltd.
Name of Individual or Corporation
Wetherill Park
$ value of
Fine or Penalty
$0
Total prosecutions
Penalty Notices (Under the Act)
Motor Vehicle Repairs Act
Defendants: 7
Offences: 7
Penalty Notices (Under the Regulation)
Motor Vehicle Repairers Regulation
Defendants: 1
Offences: 1
$28,160
$330
$28,490
Total Motor Vehicle Repairs Act Penalties
Pawnbrokers and Second-hand Dealers Act
$0
Total prosecutions
Penalty Notices (Under the Act)
Defendants: 1
Offences: 5
Penalty Notices (Under the Regulation)
Defendants: 1
Offences: 3
$2,750
$990
$3,740
Total Pawnbrokers and Second-hand Dealers Act Penalties
Plumbing and Drainage Act
Total prosecutions
Penalty Notices
Defendants: 1
Offences: 1
$1,100
$1,100
Total Australian Consumer Law (NSW) Penalties
Property, Stock and Business Agents Act
Horizon Group Holdings Pty Ltd
1449103
Neutral Bay
Fitness & propriety issues
On 8 April 2014, cancelled the licence and permanently disqualified Horizon Group
Holdings Pty Ltd from holding a licence and permanently disqualified from being
involved in the direction, management and conduct of the business of a licensee.
George Antonas
100166
Randwick
Fitness & propriety issues
On 11 April 2014, an internal review affirmed the original delegate's decision of 8
January 2014 : Licence cancelled, disqualified from holding a licence or certificate for
a period of 8 years and disqualified from being involved in the direction, management
or conduct of the business of a licensee for a period of 8 years.
Berow Pty Ltd t/as PRD Nationwide Kempsey West
1270920
Kempsey
Fitness & propriety issues
On 16 April 2014, cancelled the licence and disqualified Berow Pty Ltd from holding a
licence for a period of 8 years and disqualified from being involved in the direction,
management and conduct of the business of a licensee for a period of 8 years.
Anne Sussman
857522
Kempsey
Fitness & propriety issues
Ray Shipley Real Estate Pty Ltd
200491
Umina Beach
Trust account irregularities
On 16 April 2014, cancelled the licence and disqualified Anne Sussman from holding
a licence or certificate for a period of 8 years and disqualified from being involved in
the direction, management and conduct of the business of a licensee for a period of 8
years.
On 4 January 2014, fined Ray Shipley Real Estate Pty Ltd $4,400 and imposed a
condition on its licence to pay NSW Fair Trading the monetary penalty of $4,400 by
11 May 2014.
Raymond John Shipley
200491
Umina Beach
Trust account irregularities
On 4 January 2014, placed a condition on the licence held by Raymond John Shipley
to do all things necessary to ensure Ray Shipley Real Estate Pty Ltd pays NSW Fair
Trading the monetary penalty of $4,400 by 11 May 2014.
Darryl and Michelle Ford Pty Ltd
Business Type /
Licence No.
1595436
Darryl Mervyn Ford
1119941
Orange
Fitness & propriety issues
Joseph Gerald Gambino
197190
Burwood
Fitness & propriety issues
Name of Individual or Corporation
Where Trading
Nature of Offence or Unfair Conduct
Type of Enforcement Action
Orange
Fitness & propriety issues
On 5 May 2014, cancelled the licence and permanently disqualified Darryl and
Michelle Ford Pty Ltd from holding a licence and permanently disqualified from being
involved in the direction, management and conduct of the business of a licensee.
On 5 May 2014, cancelled the licence and disqualified Darryl Mervyn Ford from
holding a licence or certificate for a period of 6 years and disqualified from being
involved in the direction, management and conduct of the business of a licensee for a
period of 6 years.
On 13 May 2014, an internal review affirmed the original delegate's decision of 9
April 2014 : Licence cancelled, disqualified from holding a licence or certificate until 6
February 2023 and disqualified from being involved in the direction, management or
conduct of the business of a licensee until 6 February 2023. Mr Gambino has sought
a review of that decision from the NCAT. That review remains outstanding.
Elizabeth Foster
Fitness & propriety issues
Hyuk Paul Hwang
1414394
Sydney
Fitness & propriety issues
Fe Hayward Realty Pty Ltd
1186732
Doonside
Trust account irregularities
Fe Hayward
1213833
Doonside
Trust account irregularities
Robbie Maxwell Delmege
898413
Brookvale
Fitness & propriety issues
Bespoke Property Group Pty Ltd
10007150
Mosman\Neutral Bay
Fitness & propriety issues
Peter James McBride
1214441
Mosman\Neutral Bay
Fitness & propriety issues
Laing & Simmons Mosman\Neutral Bay Pty Ltd
1628255
Mosman\North Rocks
Breach of legislation
Atlas Property Group Pty Limited
1532285
Double Bay
Breach of legislation
Paul Lambert
1063720
Double Bay
Breach of legislation
Anthony Elias Tawaf
984734
Hillsdale
Breach of legislation
Glenn Raymond Boatswain
299563 (cancelled)
Bathurst
Fraudulently convert money from bank account and licensee fail to properly
supervise the business.
$ value of
Fine or Penalty
On 19 May 2014, reprimanded Elizabeth Foster; directed to pay the Property
Services Compensation Fund $9,953.80, disqualified from holding a licence or
certificate and from being involved in the direction, management or conduct of the
business of a licensee until she pays the Property Services Compensation Fund
$9,953.80 as directed. Ms Foster has sought an internal review of that decision. That
review remains outstanding.
On 20 May 2014, cancelled the licence and disqualified Hyuk Paul Hwang from
holding a licence or certificate until 22 January 2017 and disqualified from being
involved in the direction, management or conduct of the business of a licensee until
22 January 2017. Mr Hwang has sought an internal review of that decision. That
review remains outstanding.
On 23 May 2014, reprimanded Fe Hayward Realty Pty Ltd; directed to pay the
Property Services Compensation Fund $23,006.88 by 30 November 2015; and as a
condition of renewal of the licence, comply with the direction as set out.
On 23 May 2014, reprimanded Fe Hayward; directed to ensure that Fe Hayward
Realty Pty Ltd pay the Property Services Compensation Fund $23,006.88 by 30
November 2015; and as a condition of renewal of the licence, comply with the
direction as set out.
On 2 June 2014, cancelled the licence and disqualified Robbie Maxwell Delmege
from holding a licence or certificate until 16 June 2016 and disqualified from being
involved in the direction, management or conduct of the business of a licensee until
16 June 2016.
On 3 June 2014, cancelled the licence and disqualified Bespoke Property Group Pty
Ltd from holding a licence until 1 August 2019 and disqualified it from being involved
in the direction, management or conduct of the business of a licensee until 1 August
2019.
On 3 June 2014, cancelled the licence and disqualified Peter James McBride from
holding a licence until 1 August 2019 and disqualified it from being involved in the
direction, management or conduct of the business of a licensee until 1 August 2019.
On 3 June 2014, cancelled the licence and permanently disqualified Laing &
Simmons Mosman\Neutral Bay Pty Ltd from holding a licence and permanently
disqualified it from being involved in the direction, management or conduct of the
business of a licensee.
On 30 June 2014, cancelled the licence held by Atlas Property Group Pty Limited.
On 30 June 2014, cancelled the licence and disqualified Paul Lambert from holding a
licence or certificate until 10 November 2019 and disqualified from being involved in
the direction, management or conduct of the business of a licensee until 10
November 2019.
On 30 June 2014, an internal review affirmed in part the original delegate's decision
of 2 April 2014 reprimanding Anthony Elias Tawaf and disqualification from holding a
licence or certificate and from being involved in the direction, management or
conduct of the business of a licensee until proof of payment to creditors in the
amount as directed; and varied the directed payment amount to pay to $79,780.82 to
be paid by 30 August 2014.
On 13 June 2014 sentenced to 12 months imprisonment (9 months non-parole) to
serve by way of home detention effective immediately
$100,585
Chow Mo Yung (aka Charles Yung)
Business Type /
Licence No.
306762 (disqualified)
Carlingford
Failure to comply with disqualification from involvement in business.
Convicted 20 June 2014
George Anthony Antonas
100166
Randwick
On 10 June 2014 the applicant withdrew his application
Pittwater Property Management Pty Limited
1301252
Newport
Paul Harrod
245943
Warilla
Review of delegate’s decision to cancel the Applicant’s licence for a period of 8
years.
Review of delegate’s decision to cancel the Applicant’s licence, declare it a
disqualified person for a period of 8 years and disqualify the Applicant from being
involved in the direction, management or conduct of the business of a licensee for a
period of 8 years.
Review of delegate’s decision to cancel the Applicant’s licence, declare it a
disqualified person for a period of 10 years and disqualify the Applicant from being
involved in the direction, management or conduct of the business of a licensee for a
period of 10 years.
Name of Individual or Corporation
Where Trading
Nature of Offence or Unfair Conduct
Type of Enforcement Action
$ value of
Fine or Penalty
$1,385
On 10 June 2014 Mr Edwards, a director of the applicant, withdrew its application
On 23 June 2014 period of disqualification reduced to 4 years - commencing 28
January 2013 - in accordance with Terms of Settlement.
$101,970
Total prosecutions
Penalty Notices (Under the Act)
Property, Stock and Business Agents Act
Defendants: 37
Offences: 47
Penalty Notices (Under the Regulation)
Property, Stock and Business Agents Regulation
Defendants: 8
Offences: 15
$50,600
$15,400
$167,970
Total Property, Stock and Business Agents Act Penalties
Residential Tenancies Act
$0
Total prosecutions
Penalty Notices
Defendants:2
Offences: 5
$2,640
$2,640
Total Residential Tenancies Act Penalties
Trade Marks Act
Michael Lam
Retailer
Strathfield South
Possess goods with falsely applied trade mark.
Convicted 2 May 2014
Gabi Zayout
Retailer
Belmore
Possess goods with falsely applied trade mark.
On 26 May 2014, the defendant is sentenced to a period of 8 months imprisonment,
fully suspended on his entering into a recognisance of $100 to be of good behaviour
pursuant to section 20 of the Commonwealth Crimes Act 1914
Defendants:
Offences:
$17,180
Total prosecutions
Penalty Notices
Total Trade Marks Act Penalties
$17,180
Total Enforcement Actions
Total – All penalties from all acts and regulations
Total – All Civil penalties from all acts and regulations
Total Enforcement Actions
© State of New South Wales through NSW Fair Trading, 2014
$815,729
$0
$815,729