Wieckowski v Commissioner for Fair Trading and Commissioner of Police, NSW Police Force [2016] NSWCATAD 254

Wieckowski v Commissioner for Fair Trading and Commissioner of Police, NSW Police Force [2016] NSWCATAD 254

Because Mr Wieckowski has never held a tattoo operator's licence and the transitional provisions did not apply to him, the Tribunal has no power to make an order that would effectively grant him a licence pending review.

Parties
Applicant: David Wieckowski; First Respondent: Commissioner for Fair Trading; Second Respondent: Commissioner of Police, NSW Police Force
Jurisdiction
Australia
Judgment Date
08 November 2016
Procedural Posture
Administrative Review / Interlocutory Application for Stay/order Affecting Decision Pending Review
Outcome
Application for stay/refusal order is refused
Legal Topics
Stay Orders, Administrative Review, Tattoo Parlours Licensing
Administrative Law Stay Orders Administrative Review Tattoo Parlours Licensing

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Parties

David Wieckowski

Applicant

Commissioner for Fair Trading

First Respondent

Commissioner of Police, NSW Police Force

Second Respondent

Procedural Posture

Administrative Review / Interlocutory Application for Stay/order Affecting Decision Pending Review

Legal Issues

  1. 1 Whether the Tribunal has power under s 60(2) Administrative Decisions Review Act 1997 to make an order staying or otherwise affecting the operation of a refusal to grant a licence

Ratio Decidendi

Because Mr Wieckowski has never held a tattoo operator's licence and the transitional provisions did not apply to him, the Tribunal has no power to make an order that would effectively grant him a licence pending review.

Court Disposition

Application for stay/refusal order is refused

Orders

  • The Applicant's request for an order staying or otherwise affecting the operation of the decision of the Commissioner for Fair Trading to refuse his application for a tattoo operator's licence is refused.