Trajkovski v Commissioner for Fair Trading [2014] NSWCATAD 14

Trajkovski v Commissioner for Fair Trading [2014] NSWCATAD 14

A stay was necessary to secure the effectiveness of the review because, without it, the applicant would lose his only income and suffer uncompensated loss even if he ultimately succeeded. Although the sexual assault charge was extremely serious and raised public interest concerns, the Tribunal was satisfied on all the evidence that the public interest could be protected by conditions restricting the applicant to tattooing male clients, in the presence of an agreed third person, in a CCTV-monitored bay, with recordings preserved and produced on demand.

Jurisdiction
Australia
Judgment Date
21 January 2014
Procedural Posture
Merits Review Application Concerning Cancellation of a Tattooist Licence / Interlocutory Application for Stay
Outcome
The decision to cancel the applicant's tattooist licence was stayed on conditions.
Legal Topics
['stay of Administrative Decision' 'tattooist Licence Cancellation' 'public Interest' 'sexual Assault Charge' 'conditions on Licence']
['administrative Law' 'licensing' 'tattoo Parlours Regulation'] ['stay of Administrative Decision' 'tattooist Licence Cancellation' 'public Interest' 'sexual Assault Charge' 'conditions on Licence']

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Procedural Posture

Merits Review Application Concerning Cancellation of a Tattooist Licence / Interlocutory Application for Stay

Legal Issues

  1. 1 ["Whether a stay of the decision cancelling the applicant's tattooist licence was appropriate to secure the effectiveness of the determination of the review application." "Whether the public interest could be protected by imposing conditions on the applicant's licence despite the applicant having been charged with sexual assault allegedly occurring at the tattoo parlour where he was employed."]

Ratio Decidendi

A stay was necessary to secure the effectiveness of the review because, without it, the applicant would lose his only income and suffer uncompensated loss even if he ultimately succeeded. Although the sexual assault charge was extremely serious and raised public interest concerns, the Tribunal was satisfied on all the evidence that the public interest could be protected by conditions restricting the applicant to tattooing male clients, in the presence of an agreed third person, in a CCTV-monitored bay, with recordings preserved and produced on demand.

Court Disposition

The decision to cancel the applicant's tattooist licence was stayed on conditions.

Orders

  • ["The decision to cancel the applicant's tattooist licence is stayed on conditions." 'The applicant only perform body art tattooing procedures on male clients of Wicked Ink Tattoo and Body Piercing Studio at 394 High Street Penrith, in the presence of a third person observing the procedure agreed to by the client,...