McCurday v Commissioner for Fair Trading [2017] NSWCATAD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McCurday v Commissioner for Fair Trading [2017] NSWCATAD 35 Hearing dates: 3 November 2016 Date of orders: 19 January 2017 Decision date: 19 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: (1) The decision under review is set aside. (2) The decision is made that the licence is granted. Catchwords: ADMINISTRATIVE REVIEW - tattoo parlours – tattoo operator licence - adverse security determination - fit and proper person - public interest Legislation Cited: Tattoo Parlours Act 2012 Cases Cited: Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 AJO v Director-General of Transport [2012] NSWADT 101 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Smith v Commissioner of Police & Commissioner for Fair Trading [2014] NSWCATAD 184 Mielczarek v Commissioner of Police, New South Wales Police Force and Commissioner for Fair Trading [2016] NSWCATAD 34 Roberts v Commissioner for Fair Trading [2016] NSWCATAD 218 Lal v Director-General, Department of Transport [2001] NSWADT 74 Naziry v Director-General, Ministry of Transport [2004] NSWADT 40 Zahra v Commissioner for Police and NSW Fair Trading [2014] NSWCATAD 211 Category: Principal judgment Parties: Steven McCurday (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police (Second Respondent) Representation: Counsel: J Doyle (Applicant) H El-Hage (First and Second Respondents)