Jay v Commissioner for Fair Trading [2014] NSWCATAD 180

Jay v Commissioner for Fair Trading [2014] NSWCATAD 180

It is not contrary to the public interest for the applicant to continue operating the business pending determination, as the risk from temporary operation is minimal and effectiveness of review would be jeopardised without a stay.

Parties
Applicant: Sacha Jay; First Respondent: Commissioner for Fair Trading; Second Respondent: Commissioner of Police
Jurisdiction
Australia
Judgment Date
24 October 2014
Procedural Posture
Administrative Review / Interlocutory Stay Application
Outcome
The operation of the decision to refuse to grant the applicant a licence is stayed and the applicant is granted a temporary operator's licence pending determination.
Legal Topics
Stay of Administrative Decision, Operator's Licence, Tattoo Parlours Act 2012, Public Interest, Fitness to Hold a Licence
Administrative Law Licensing Law Stay of Administrative Decision Operator's Licence Tattoo Parlours Act 2012 Public Interest Fitness to Hold a Licence

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Parties

Sacha Jay

Applicant

Commissioner for Fair Trading

First Respondent

Commissioner of Police

Second Respondent

Procedural Posture

Administrative Review / Interlocutory Stay Application

Legal Issues

  1. 1 Whether granting a stay is appropriate to secure the effectiveness of the determination
  2. 2 Whether applicant should be granted a temporary operator's licence pending final review
  3. 3 Whether public interest is jeopardised by allowing applicant to continue operating

Ratio Decidendi

It is not contrary to the public interest for the applicant to continue operating the business pending determination, as the risk from temporary operation is minimal and effectiveness of review would be jeopardised without a stay.

Court Disposition

The operation of the decision to refuse to grant the applicant a licence is stayed and the applicant is granted a temporary operator's licence pending determination.

Orders

  • Stay granted of decision to refuse operator's licence.
  • Applicant granted temporary operator's licence under Tattoo Parlours Act 2012 (NSW) until determination of proceedings.