Lu v Commissioner for Fair Trading [2017] NSWCATAD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lu v Commissioner for Fair Trading [2017] NSWCATAD 83 Hearing dates: 14 March 2017 Date of orders: 22 March 2017 Decision date: 22 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: The application for a stay of the decision to refuse to grant Mr Lu a tattoo operator's licence is refused. Catchwords: INTERLOCUTORY DECISION – application for stay of decision to refuse tattoo operator's licence – power of Tribunal to stay or otherwise affect the operation of a decision where applicant has never held a licence Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth), s 41 Administrative Decisions Review Act 1997 (NSW), s 60 Civil and Administrative Tribunal Act 2013 (NSW), s 41 Tattoo Parlours Act 2012 (NSW), ss 6, 16 and 27 Tattoo Parlours Regulation 2013 (NSW), cl 29(2) Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81; (2010) 78 NSWLR 302 Civil Aviation Safety Authority v Hotop [2005] FCA 1023; (2005) 145 FCR 232 Leslie William Alexander and Migration Agents Registration Board [1995] AATA 261 (8 September 1995) Re Nelson and Tax Agents' Board (Qld) [1993] AATA 262; (1993) 30 ALD 317 Shi v Migration Institute of Australia Ltd [2003] FCA 1304; (2003) 134 FCR 326 Texts Cited: DC Pearce, Australian Administrative Law, LexisNexis Category: Procedural and other rulings Parties: Yuhuai Lu (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Counsel: D Smallbone (Applicant) A Flecknoe-Brown (1st and 2nd Respondents) Solicitors: Kh Legal Pty Ltd (Applicant) Crown Solicitor's Office (1st and 2nd Respondents) File Number(s): 2017/00046979 Publication restriction: Nil