Stuart v Commissioner for Fair Trading [2018] NSWCATAD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stuart v Commissioner for Fair Trading [2018] NSWCATAD 90 Hearing dates: Pursuant to s 50 of the Civil and Administrative Tribunal Act a hearing was dispensed with and the application determined on submissions filed by applicant and Platinum Ink Australia Pty Ltd on 13 April 2018 and by the respondents on 17 April 2018 Date of orders: 20 April 2018 Decision date: 20 April 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: R Titterton, Principal Member Decision: 1 The application to set aside the summons issued to Platinum Ink Australia Pty Ltd issued 16 March 2018 is refused.

2 The application to set aside the summons issued to the applicant issued 26 March 2018 is refused.

3 The documents sought under each summons are to be produced to the Registry, Level 10, John Maddison Tower, at 9.30am on 2 May 2018. Catchwords: PRACTICE AND PROCUDURE – application to set aside summonses Legislation Cited: Administrative Decisions Review Act 1997 Tattoo Parlours Act 2012 Cases Cited: Attorney-General for New South Wales v Chidgey [2008] NSWCCA 65 Azar Building Construction Services Pty Ltd v Transport Infrastructure Corporation [2010] NSWLEC 110 Becwell Legal Services Pty Ltd v McMaster [2011] FCA 1501 CPJ v The University of Newcastle [2017] NSWCATAD 350 ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 Portal Software v Bodsworth [2005] NSWSC 1115 R v Saleam [1999] NSWCCA 86 Stuart v Commissioner for Fair Trading [2018] NSWCATAD 39 The Commissioner for Railways v Small (1938) 38 SR(NSW) 564 Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd [2011] NSWLEC 25 Texts Cited: NCAT Procedural Direction 2 - Summonses Category: Procedural and other rulings Parties: Jane Stuart (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police (Second Respondent)