20/10/2009 - 16:06

Banned real estate agent loses appeal

20/10/2009 - 16:06

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An Applecross real estate agent, who had his licence cancelled due to misconduct, has failed in a bid to appeal against the cancellation.

An Applecross real estate agent, who had his licence cancelled due to misconduct, has failed in a bid to appeal against the cancellation.

The Court of Appeal of the Supreme Court of Western Australia yesterday (19 October 2009) refused to grant Mr Michael Moojan Mavaddat, who previously traded as Key West Realty, leave to appeal against a decision of the State Administrative Tribunal.

On 27 August 2008, the Tribunal cancelled Mr Mavaddat's real estate and business agent's licence and permanently disqualified him from holding a licence or triennial certificate. The Tribunal found Mr Mavaddat's conduct rendered him unfit to hold a real estate agent's licence.

The Court of Appeal found that it was difficult to see how the Tribunal could have arrived at any other conclusion on the evidence before it.

The Court of Appeal found the dishonesty involved was of a very serious nature and, together with Mr Mavaddat's continuing inability or refusal to accept the seriousness of his conduct, reflected an attitude and way of dealing which was contrary to the requirements of an accredited real estate agent.

The length of time over which, and the circumstances in which, the dishonesty occurred were also taken into consideration.

The Court of Appeal also found Mr Mavaddat displayed a lack of honesty and moral integrity which was essential if the reputation and proper professional standards of licensed real estate agents were to be maintained.

The Court of Appeal dismissed Mr Mavaddat's appeal and ordered him to pay the Board's costs of the appeal.

STANDING BY BUSINESS. TRUSTED BY BUSINESS.

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