Fisher v Commissioner for Fair Trading [2018] NSWCATAD 301

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fisher v Commissioner for Fair Trading [2018] NSWCATAD 301 Hearing dates: 21 December 2018 Date of orders: 21 December 2018 Decision date: 21 December 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. The Commissioner of Police, NSW Police Force is joined as a Respondent. 2. The Decision made on 10 December 2018 to cancel the Applicant's tattooist licence is stayed pending further order of the Tribunal. 3. Department of Fair Trading is to give to the Tribunal and the other parties the following material: documents under s 58 of the Administrative Decisions Review Act 1997 on or before 29 January 2019. 4. Kim Theresa Fisher is to give to the Tribunal and all other parties the following material: evidence including statements on or before 12 February 2019. 5. Department of Fair Trading and Commissioner of Police, NSW Police Force, is to give to the Tribunal and all other parties the following material: evidence in reply on or before 22 February 2019. 6. The proceeding is listed for hearing on 6 March 2019 at 10 am at John Maddison Tower, Level 10, 86-90 Goulburn Street, Sydney for 3 hour(s). Catchwords: INTERLOCUTORY ORDER – occupational licencing -application for a stay of decision to cancel a tattoo parlour licence – interests of the applicant and the public Legislation Cited: Administrative Decisions Review Act 1997 (NSW): Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Re Pelling and Secretary, Department of Aviation [1984] AATA 179; (1984) 5 ALD 638 Category: Procedural and other rulings Parties: Kim Fisher (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Counsel: M. Dalla-Pozza (First and Second Respondents)