Stiles v Commissioner for Fair Trading & Anor [2017] NSWCATAP 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stiles v Commissioner for Fair Trading & Anor [2017] NSWCATAP 44 Hearing dates: 14 December 2016 Date of orders: 27 February 2017 Decision date: 27 February 2017 Jurisdiction: Appeal Panel Before: K O'Connor AM, ADCJ, Deputy President, Appeals Dr G Walker, Senior Member Decision: Appeal dismissed. Catchwords: OCCUPATIONAL REGULATION – Tattoo Parlours Industry – Refusal of operator licence – following adverse security determination by Commissioner of Police on grounds of fitness and public interest – Affirmed by Tribunal only on the ground that grant of the licence would not be in the public interest – relationship of the two grounds - meaning to be given to the public interest – no evidence – adequacy of reasons – illogicality – Appeal dismissed. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Tattoo Parlours Act 2012 Cases Cited: Absolon v NSW TAFE [1999] NSWCA 311 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 AVS Group Australia Pty Ltd v Commissioner of Police (No 2) [2014] NSWCATAP 53 Ceric v Prosegur Australia Pty Ltd [2016] FCA 1068 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 House v R [1936] HCA 40; (1936) 55 CLR 499 Institoris v Commissioner for Fair Trading & Anor [2014] NSWCATAD 219 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16 O'Sullivan v Farrer [1989] HCA 61; 168 CLR 210 at 216 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 The Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal [2012] HCA 36; 246 CLR 379 Wade v Commissioner for Fair Trading [2017] NSWCATAP 33 Category: Principal judgment Parties: Gleness Christine Stiles (Appellant) Commissioner for Fair Trading (First Respondent) Commissioner of Police (Second Respondent) Representation: Counsel: L Robison (Appellant) Dr C Mantziaris (Second Respondent) Solicitors: John Stonham & Co (Appellant) Crown Solicitor (Respondents) File Number(s): AP 16/13028 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2016] NSWCATAD 30 Date of Decision: 16 February 2016 Before: S Montgomery, Senior Member File Number(s): 1510354