A prominent Brisbane real estate agent convicted of an overseas assault is fighting in court to get his licence reinstated, claiming his business is suffering as others stand to gain financially from his downfall.
Last year Tony O’Doherty, formerly the principal at McGrath Bulimba, pleaded guilty and received a two-year suspended sentence for a 2013 one-punch assault on a man outside a nightclub in Ireland.
The victim suffered a fractured skull and a bleed to his brain.
O’Doherty’s legal team are appealing against a decision by the Office of Fair Trading to cancel his licence.
Under the Property Occupations Act 2014, a person is considered unsuitable to hold a real estate licence if they were convicted within the previous five years, regardless of when the conduct occurred.
Justice Soraya Ryan on Wednesday heard arguments from O’Doherty’s barrister, Rob Anderson KC given the agent’s livelihood had been curtailed by the automatic termination of his licence.
Anderson put forward arguments around the interpretation of the law, including whether a foreign offence should be included under Queensland law.
Barrister Angus Scott KC, representing the Department of Justice, said the law was in place to protect the community and consumers.
Speaking outside court, O’Doherty said the loss of his licence had had a detrimental impact on his business, and the McGrath team were hopeful it would be short term.
O’Doherty said he took full responsibility for what happened more than a decade ago.