Fisher v Commissioner for Fair Trading [2018] NSWCATAD 301

Fisher v Commissioner for Fair Trading [2018] NSWCATAD 301

The Tribunal granted a stay because, given Ms Fisher's financial circumstances and the loss of expected tattooing income pending the hearing, refusing a stay would cause serious irreparable harm for which no recompense could be obtained if the review succeeded. Although the offence was directly related to her work and the public interest required tattooists to abide by the law, the Tribunal accepted that she was genuinely remorseful, intended not to re-offend, and was highly likely to be careful because her licence was in jeopardy. Her criminal history did not outweigh those matters because it occurred about 16 years earlier when she was using drugs.

Jurisdiction
Australia
Judgment Date
21 December 2018
Procedural Posture
Administrative Review of Decision to Cancel Tattooist Licence / Interlocutory Application for Stay
Outcome
Stay granted pending further order of the Tribunal; Commissioner of Police, NSW Police Force joined as a Respondent; procedural directions made.
Legal Topics
['stay of Administrative Decision' 'cancellation of Tattooist Licence' 'public Interest' 'irreparable Harm' 'tattooing Young Person Without Parental Consent']
['administrative Law' 'occupational Licensing'] ['stay of Administrative Decision' 'cancellation of Tattooist Licence' 'public Interest' 'irreparable Harm' 'tattooing Young Person Without Parental Consent']

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Procedural Posture

Administrative Review of Decision to Cancel Tattooist Licence / Interlocutory Application for Stay

Legal Issues

  1. 1 ["Whether the decision made on 10 December 2018 to cancel the Applicant's tattooist licence should be stayed pending further order of the Tribunal." 'Whether a stay was desirable after taking into account the interests of affected persons, submissions by the administrator, and the public interest.']

Ratio Decidendi

The Tribunal granted a stay because, given Ms Fisher's financial circumstances and the loss of expected tattooing income pending the hearing, refusing a stay would cause serious irreparable harm for which no recompense could be obtained if the review succeeded. Although the offence was directly related to her work and the public interest required tattooists to abide by the law, the Tribunal accepted that she was genuinely remorseful, intended not to re-offend, and was highly likely to be careful because her licence was in jeopardy. Her criminal history did not outweigh those matters because it occurred about 16 years earlier when she was using drugs.

Court Disposition

Stay granted pending further order of the Tribunal; Commissioner of Police, NSW Police Force joined as a Respondent; procedural directions made.

Orders

  • ['The Commissioner of Police, NSW Police Force is joined as a Respondent.' "The Decision made on 10 December 2018 to cancel the Applicant's tattooist licence is stayed pending further order of the Tribunal." 'Department of Fair Trading is to give to the Tribunal and the other parties the following material:...