Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80

Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80

The Tribunal has discretionary power under s 60 to grant a stay; in this case, although Ms Loveday would suffer irreparable harm, the public interest and the evidence provided did not justify granting a stay of the refusal to grant a licence.

Parties
Applicant: Catherine Loveday; First Respondent: Commissioner for Fair Trading; Second Respondent: Commissioner of Police, NSW Police Force
Jurisdiction
Australia
Judgment Date
11 April 2018
Procedural Posture
Application for Stay (interlocutory) / Interlocutory Decision on Stay Application
Outcome
Application for stay refused
Legal Topics
Occupational Licensing, Stay of Administrative Decision, Public Interest, Tattoo Parlour Licensing
Administrative Law Occupational Licensing Stay of Administrative Decision Public Interest Tattoo Parlour Licensing

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Parties

Catherine Loveday

Applicant

Commissioner for Fair Trading

First Respondent

Commissioner of Police, NSW Police Force

Second Respondent

Procedural Posture

Application for Stay (interlocutory) / Interlocutory Decision on Stay Application

Legal Issues

  1. 1 Whether a stay of the decision refusing a tattoo parlour operator's licence should be granted
  2. 2 Interpretation of s 60 of the Administrative Decisions Review Act 1997 (NSW) regarding stays
  3. 3 Whether Ms Loveday would suffer irreparable harm if stay is refused

Ratio Decidendi

The Tribunal has discretionary power under s 60 to grant a stay; in this case, although Ms Loveday would suffer irreparable harm, the public interest and the evidence provided did not justify granting a stay of the refusal to grant a licence.

Court Disposition

Application for stay refused

Orders

  • The application for a stay of the decision to refuse to grant the Applicant a licence is refused.
  • Disclosure of an extract from the unredacted Adverse Security Determination dated 22 November 2017 is restricted to the Second Respondent, the legal representatives for the Second Respondent and the Tribunal pursuant to section 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW).