BELEAGURED former real estate boss Anthony Di Nardo has failed in his bid to return to work while he waits for a hearing to decide whether to set aside a decision to suspend his real estate licence.
The NSW Civil and Administrative Tribunal (NCAT) heard arguments last week designed to allow Di Nardo to continue operating as a real estate agent pending an appeal.
In an effort to return to work, Di Nardo requested NCAT order a stay of his licence suspension, but the application was refused.
NSW Fair Trading ruled in May that Di Nardo was not a "fit and proper person" to hold a real estate licence, following an investigation that found he "engaged in a pattern of inappropriate behaviour".
The watchdog suspended Di Nardo's licence until it was due to expire in July next year, adding any future licence application would be "subject to close regulatory scrutiny".
According to Fair Trading, the decision followed a disciplinary process under the Property and Stock Agents Act, which found that Di Nardo engaged in "a pattern of inappropriate behaviour", which occurred while he was operating as a licensed real estate agent and in a position of authority.
The disciplinary action is separate to criminal proceedings Di Nardo is facing, after he was charged with 19 offences following a Newcastle Herald investigation that revealed allegations of sexual assault and harassment against female staff dating back decades, which he denies.
The licence suspension means the real estate veteran cannot operate as an agent, which scuttled plans he had to relaunch under a new brand, Prestige Real Estate Agent.
A spokeswoman for Fair Trading said last week that Di Nardo sought a stay of the decision made by NSW Fair Trading to suspend his licence.
It's understood that, if successful, it would have allowed him to return to work under a series of conditions until the licence suspension appeal was heard.
"NCAT refused the stay application," the spokeswoman said. "As the matter remains before NCAT, it is not appropriate to comment further."
The matter will now go to an appeal hearing and has been listed for directions on September 1.
Di Nardo was arrested by police in December and is accused of using his "position of power" to sexually and indecently assault eight former female staff members over a 17-year period.
The 54-year-old is also accused of supplying small quantities of cocaine on four occasions, about the same time as some of the allegations of sexual and indecent assault.
Di Nardo has not entered any pleas, but his solicitor Drew Hamilton said the charges would be defended.
