Perram v Commissioner for Fair Trading [2018] NSWSC 2038

Supreme Court New South Wales

Medium Neutral Citation: Perram v Commissioner for Fair Trading [2018] NSWSC 2038 Hearing dates: 31 July 2018 Date of orders: 31 July 2018 Decision date: 31 July 2018 Jurisdiction: Common Law Before: Walton J Decision: The formal order of the Court, in the circumstances, is the prayer for relief in para 1 of the summons filed by the plaintiff on 30 July 2018 is refused. To that extent, the summons is dismissed but not otherwise. The second prayer for relief was not pressed.

I order that the plaintiff, Francis Shane Perram, pay the costs of the first and second defendants of today's proceedings as agreed or, in default, as assessed Catchwords: CIVIL PROCEDURE – application for urgent interlocutory relief – application to stay a decision of the Commissioner for Fair Trading – regulation of tattoo parlours under the Tattoo Parlours Act 2012 (NSW) – operator licence – NCAT power pursuant to the Administrative Decisions Review Act 1997 (NSW) – whether the Court should grant a stay of the decision of the delegate – orders – costs Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Tattoo Parlours Act 2012 (NSW) Category: Procedural and other rulings Parties: Frances Shane Perram (Plaintiff) Commissioner for Fair Trading (First Defendant) Commissioner of Police, New South Wales Police Force (Second Defendant) Representation: Counsel: H El-Hage (Defendants)

Solicitors: Lorne Havenstein Lawyers (Plaintiff) Crown Solicitor's Office (Defendants) File Number(s): 2018/00233939