Westpoint’s Norman Carey loses real estate agent certificate

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All announcements issued prior to 1 July 2017 were issued by the former Department of Commerce. Announcements listed here are the latest versions available, but may be subject to review. For more information on this announcement, please contact online@dmirs.wa.gov.au.

The Commissioner for Consumer Protection has succeeded in overturning a decision to allow the Director of Westpoint Realty Pty Ltd (in liquidation), Mr Norman Phillip Carey to renew the certificate that allows him to be a real estate agent.

A unanimous judgement by the Court of Appeal this morning (9 January 2014) set aside a previous State Administrative Tribunal ruling which meant that Mr Carey would not lose his triennial certificate.

In WA, the law 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.

Today’s Court of Appeal judgement means that the Commissioner’s original decision is reinstated and Mr Carey is not entitled 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, misled purchasers of units in the Regent Apartments 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 re-sold 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; upholding the Magistrates Court decision and conviction.

Media statements in relation to those dismissals can be found at:

www.commerce.wa.gov.au/announcements/court-rejects-westpoint-directors-second-appeal-norman-carey
www.commerce.wa.gov.au/announcements/westpoint-directors-appeal-rejected-norman-carey

Background information is also available in the following media statements:

www.commerce.wa.gov.au/announcements/westpoint
www.commerce.wa.gov.au/announcements/westpoint-realty-pty-ltd-and-director-norman-carey-found-guilty

END OF RELEASE

(Consumer Protection is a division of the Department of Commerce)

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Media Contact: Alina Cavanagh
9282 0679 or 0423-846397
alina.cavanagh@commerce.wa.gov.au

Consumer Protection
Media release
09 Jan 2014

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