Mielczarek v Commissioner for Fair Trading [2016] NSWCATAP 217

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mielczarek v Commissioner for Fair Trading [2016] NSWCATAP 217 Hearing dates: 4 August 2016 Date of orders: 21 September 2016 Decision date: 21 September 2016 Jurisdiction: Appeal Panel Before: Cowdroy ADCJ, Principal Member Decision: The application that fresh evidence be admitted at the hearing of this appeal be refused. Catchwords: PRACTICE AND PROCEDURE – application to adduce new evidence on appeal – whether such evidence was likely to produce a different result – consideration of conduct of the proceedings before the Tribunal – application refused Legislation Cited: Civil and Administrative Tribunal Act 2013 Tattoo Parlours Act 2012 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 BCL v NSW Trustee and Guardian [2014] NSWCATAP 18 Building Professionals Board v Hans (GD) [2008] NSWADTAP 13 CDJ v VAJ (1998) 197 CLR 172 Law Society v Young (No. 2) (LSD) [2001] NSWADTAP 19 Category: Procedural and other rulings Parties: Aleksander Mielczarek (Appellant) Commissioner for Fair Trading (First Respondent) Commissioner of Police (Second Respondent) Representation: Counsel: Mr I Young (appellant) Mr C Mantziaris (respondents)

Solicitors: Sharee Cassel & Associates (appellant) Crown Solicitor's Office (respondents) File Number(s): AP 16/14168 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2016] NSWCATAD 34 Date of Decision: 22 February 2016 Before: Prof G Walker, Senior Member File Number(s): 1510566