Trlin v Commissioner of Fair Trading [2003] NSWADT 222

CITATION: Trlin v Commissioner of Fair Trading [2003] NSWADT 222 DIVISION: General Division APPLICANT PARTIES: John Louis Trlin RESPONDENT Commissioner of Fair Trading FILE NUMBER: 033103 HEARING DATES: 02/07/2003 SUBMISSIONS CLOSED: 07/02/2003 DATE OF DECISION: 09/24/2003

BEFORE: Molony P - Judicial Member APPLICATION: Motor Dealer - grant of licence - Motor Dealers Act - motor dealer - grant of licence MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Motor Dealers Act 1974 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Clearihan v Registrar of Motor Vehicle Dealers in the Australian Capital Territory (1994) 122 ACTR 25 Haining v Commissioner of Police, NSW Police Service (1999) NSWADT 6 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 CASES CITED: Law Society of NSW v Bannister (unreported Court of Appeal, 27 August 1993, BC930181) Raymond Robbins v Business Licensing Authority (2000) VCAT 457 Sobey v Commercial and Private Agents Board 20 SASR 70 Trlin v Department of Fair Trading [1999] NSWADT 72 Trlin v Director-General, Department of Fair Trading [2000] NSWADT 192 APPLICANT REPRESENTATION: A Healey, barrister RESPONDENT A Wilson, solicitor ORDERS: The Tribunal sets aside the decision of the Administrator made on 17 March 2003 to refuse the Applicant a dealer licence under the Motor Dealers Act 1974. The Tribunal substitutes that decision with a determination that, upon payment of the prescribed licence fee, John Louis Trlin be granted a dealer licence under the Motor Dealers Act 1974 authorising him to carry on business as a motor dealer at 2 Acres Road, Kellyville upon the conditions set out in the letter from the Baulkham Hills Shire Council to Mr Trlin dated 18 February 1998.