Wade v Commissioner for Fair Trading [2017] NSWCATAP 33

Wade v Commissioner for Fair Trading [2017] NSWCATAP 33

No errors of law were identified in the Tribunal's consideration and weighing of criminal history, AVOs, traffic offences, and associations with OMCG members; the appeal was restricted to questions of law, and the Tribunal's reasoning as to fitness and public interest was open on the materials considered.

Jurisdiction
Australia
Judgment Date
17 February 2017
Procedural Posture
Administrative Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
['tattoo Parlours Industry' 'licensing Decision Review' 'security Assessments' 'fit and Proper Person' 'public Interest']
['administrative Law' 'occupational Regulation'] ['tattoo Parlours Industry' 'licensing Decision Review' 'security Assessments' 'fit and Proper Person' 'public Interest']

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Procedural Posture

Administrative Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the Tribunal had regard to relevant considerations in affirming refusal of operator licence and cancellation of tattooist licence' "Whether errors of law were made in relation to assessment of applicant's fitness and public interest grounds" 'The weight given to criminal history, AVOs, traffic offences, and associations with OMCGs']

Ratio Decidendi

No errors of law were identified in the Tribunal's consideration and weighing of criminal history, AVOs, traffic offences, and associations with OMCG members; the appeal was restricted to questions of law, and the Tribunal's reasoning as to fitness and public interest was open on the materials considered.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']