Real Estate Services Act

Posted by Johannes Schenk on May 28th, 2008 — Posted in Professional Discipline

This case deals with a real estate agent discipline hearing and judicial review. The discipline committee and the appeal body, the Financial Services Tribunal, both made the error of relying on the old repealed statute that had formerly governed the issue at hand. An attempt was made to rectify the problem by re-considering the original hearing on terms of the new, and properly applicable, Real Estate Services Act.

The Judge hearing the judicial review ruled that this was not possible and that the original discipline committee hearing, was a nullity by virtue of the reliance on the repealed statute.

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