McCurday v Commissioner for Fair Trading [2017] NSWCATAD 35
Mr McCurday is no longer a member of the Comanchero OMCG, has largely disassociated himself from the club, and there is insufficient evidence of ongoing association or impropriety to disqualify him from being regarded as a fit and proper person. The minimal public risk and lack of current association mean that the public interest does not require refusal of the licence.
- Jurisdiction
- Australia
- Judgment Date
- 19 January 2017
- Procedural Posture
- Administrative Review / Final Decision
- Outcome
- decision under review set aside; licence granted
- Legal Topics
- ['fit and Proper Person' 'public Interest' 'tattoo Operator Licensing' 'adverse Security Determination' 'outlaw Motorcycle Gang Association']
Case Brief
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Procedural Posture
Administrative Review / Final Decision
Legal Issues
- 1 ['Whether the applicant is a fit and proper person to hold a tattoo parlour operator licence' 'Whether it would be contrary to the public interest to grant the licence']
Ratio Decidendi
Mr McCurday is no longer a member of the Comanchero OMCG, has largely disassociated himself from the club, and there is insufficient evidence of ongoing association or impropriety to disqualify him from being regarded as a fit and proper person. The minimal public risk and lack of current association mean that the public interest does not require refusal of the licence.
Court Disposition
decision under review set aside; licence granted
Orders
- ['The decision under review is set aside.' 'The decision is made that the licence is granted.']
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