Institoris v Commissioner for Fair Trading & Anor [2014] NSWCATAD 219

It is contrary to the public interest for the applicant to be permitted to continue operating his business between now and the Tribunal's final determination; the application for a stay is refused.

Parties: Applicant: Steve Istvan Institoris; First Respondent: Commissioner for Fair Trading; Second Respondent: Commissioner of Police, NSW Police Force
Jurisdiction: Australia
Judgment Date: 21 October 2014
Procedural Posture: Administrative Review / Interlocutory Application Stay of Decision
Outcome: Stay application refused
Legal Topics: Tattoo Parlours Licensing, Stay of Administrative Decisions, Public Interest

Administrative Law Equal Opportunity Tattoo Parlours Licensing Stay of Administrative Decisions Public Interest

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Parties

Steve Istvan Institoris

Applicant

Commissioner for Fair Trading

First Respondent

Commissioner of Police, NSW Police Force

Second Respondent

Procedural Posture

Administrative Review / Interlocutory Application Stay of Decision

Legal Issues

1 Whether a stay of the decision to refuse operator's licences under the Tattoo Parlours Act 2012 should be granted pending final determination
2 Consideration of public interest and applicant's personal and financial interests

Ratio Decidendi

It is contrary to the public interest for the applicant to be permitted to continue operating his business between now and the Tribunal's final determination; the application for a stay is refused.

Court Disposition

Stay application refused

Orders

The application for a stay of the decision to refuse to grant the Applicant operator's licences under the Tattoo Parlours Act 2012 is refused.