Narita Imports Pty Ltd v Commissioner for Fair Trading [2021] NSWCATAD 305

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Narita Imports Pty Ltd v Commissioner for Fair Trading [2021] NSWCATAD 305 Hearing dates: 6 October 2021 Date of orders: 21 October 2021 Decision date: 21 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: The request by Narita Imports Pty Ltd to stay the decision of the Commissioner for Fair Trading on 30 August 2021 to cancel Narita Imports Pty Ltd motor dealer's licence and disqualify it from holding a motor dealer's licence for 3 years and from being involved in the direction, management or conduct of a business for which a motor dealer licence is required for a period of 3 years is refused. Catchwords: ADMINISTRATIVE REVIEW - Motor Dealers and Repairers Act 2013 – repeated statutory failure – balancing public interest – stay – stay refused Legislation Cited: Administrative Decisions Review Act 1997 Motor Dealers and Repairers Act 2013 Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Re Scott and Australian Securities and Investments Commission [2009] AATA 798 Re Pellingand Secretary, Department of Aviation [1984] AATA 179; (1984) 5 ALD 638 Category: Procedural rulings Parties: Nartia Imports Pty Ltd (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: The Legal Shoppe (Applicant) NSW Fair Trading Legal services (Respondent) File Number(s): 2021/269160 Publication restriction: None