A high-profile real estate agent who “sabotaged” his employer’s contact book before leaving the company has been struck off for at least a year.
In 2019, the NSW Supreme Court found Sydney realtor Roger Agha went into his company’s contact books and changed one digit of more than 900 clients’ phone numbers before intending to set up a business in competition to the agency.
The court also found Agha siphoned customers from his former employer Devine Group to his new employer Belle Property.
Agha did so after being told by the principal of Devine — Steven Devine — that he would not be paid out for his shares in the group unless he signed an agreement that contained a three-year restraint of trade.
“He was of the view that he should not be under any restraint until he was paid out for his shares,” court document state.
Agha denies he changed the data.
Since then, he has been in battle with the NSW Civil and Administrative Tribunal (NCAT) regarding the cancellation of his real estate license.
Last week, the tribunal said it could not make out that Agha either changed the data or instructed someone else to do so.
However, the tribunal cancelled Agha’s license on the basis that he admitted he took some of his clients from Devine to Belle Property as he “believed it was the client’s choice as to which agent to use.”
“The applicant did take Devine clients with him to Belle, and has admitted as much,” the tribunal found.
“He did use confidential information of Devine, notwithstanding that he thought he was entitled to do so, and in my view this was opportunistic and improper of him to do so.”
Agha denied to the tribunal he changed the data in the system.
The realtor told news.com.au he did not wish to comment on the cancellation of his license as he intended to appeal the decision.
The matter in the NSW Supreme Court, which began in 2018, is ongoing as both parties continue to seek costs.
In a statement to news.com.au, Devine said he felt vindicated through the NCAT decision.
“The toll this matter has taken on me and my family over the last seven has been immense,” he said.
“Not just financially and emotionally, but has been a major catalyst in me exiting a family business that had existed for over seven decades as well having to sell our family home and other assets to fund the legal costs associated with this case.
“I’m glad the regulator has also taken action to uphold unscrupulous practices within the industry and hold rogue practitioners to account.”
In 2019, NSW Supreme Court determined Agha engaged in the “systematic and repeated sabotage” of the Devine Agency’s client contact numbers “by changing one number only in 905 files on 8 December 2017.”
“To suggest otherwise is likewise contrary to common sense,” the court said at the time.
“This act indicates a degree of malevolence directed to harming the Plaintiffs’ business.”
The matter will return to the NSW Supreme Court on October 21.
