Stuart v Commissioner for Fair Trading [2018] NSWCATAD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stuart v Commissioner for Fair Trading [2018] NSWCATAD 39 Hearing dates: 30 January 2018 Date of orders: 14 February 2018 Decision date: 14 February 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: The operation of the decision on 19 January 2018 to refuse to grant the applicant a licence is stayed and the applicant is granted a temporary operator's licence under the Tattoo Parlours Act 2012 (NSW) pending the determination of these proceedings. Catchwords: ADMINISTRATIVE LAW – administrative tribunals – procedure – distinction between stay of orders and order temporarily granting a licence – whether member of outlaw motor cycle gang is a "close associate" of an applicant for an operator licence under the Tattoo Parlours Act 2012 (NSW) – public interest considerations Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth), s 41 Administrative Decisions Review Act 1997 (NSW), s 60 Tattoo Parlours Act 2012 (NSW), s 4 Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 Williamson v Director General, Department of Transport [2000] NSWADT 165 Texts Cited: New South Wales Legislative Council, Parliamentary Debates (Hansard), (23 May 2012) Tattoo Parlours Bill 2012 Category: Procedural and other rulings Parties: Jane Stuart (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Counsel: J.T. Johnson (Applicant) J McDonald (Respondents) Solicitors: D.C.Balog and Associates (Applicant) Crown Solicitor's Office (Respondents) File Number(s): 2018/00025564 Publication restriction: Nil