Collins v Department of Fair Trading [2019] NSWCATAP 199

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Collins v Department of Fair Trading [2019] NSWCATAP 199 Hearing dates: 28 June 2019 Date of orders: 06 August 2019 Decision date: 06 August 2019 Jurisdiction: Appeal Panel Before: Cole DCJ, Deputy President J Kearney, Senior Member Decision: 1. Leave to appeal on the merits is refused. 2. The appeal on the questions of law is dismissed. 3. The operation of order 3 made on 27 July 2018 (the stay order) will cease 14 days after the publication of this decision. Catchwords: ADMINISTRATIVE LAW – administrative tribunals - Civil and Administrative Tribunal (NSW) – Appeal Panel – procedural fairness – leave to appeal other than on a question of law Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Tattoo Parlours Act 2012 (NSW) Cases Cited: Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Collins v Urban [2014] NSWCATAP 17 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576; (1994) 49 FCR 576 Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 Minister for Immigration and Multicultural and Indigenous Affair v QAAH of 2004 (2006) 231 CLR 1 Muin v Refugee Tribunal (2002) 190 ALR 601 Re Holbrook and Australian Postal Commission (1983) 5 ALN N 46 Warkworth Mining Limited v Bulga Milbrodale Progress Association Inc [2014] NSWCA 105 Category: Principal judgment Parties: Brett Andrew Collins (Appellant) Department of Fair Trading (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Counsel: J K Raftery (Appellant) A Douglas-Baker (Respondent) Solicitors: Skinner & Associates (Appellant) Crown Solicitor (Respondents) File Number(s): AP 19/17227 Publication restriction: unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Occupational Division Citation: [2019] NSWCATOD 36 Date of Decision: 12 March 2019 Before: Emeritus Prof G D Walker, Senior Member File Number(s): 2018/00228335